Can’t issue Centre directive to reclaim Kohinoor: SC

Thesupremecourtonfridayrefused to issue any directive to the Centretoreclaimthekohinoordiamond from the United Kingdom, and maintained that diplomatic processes are not to be regulated by the courts.

“How can we pass order to get it back from a different country? And then you ask us to stall an auction in England. Can a court in India pass an order for something happening in a different country? What kind of petition is this,” a benchledbychiefjusticeofindia J S Khehar asked the counsel for the petitioner NGO that had urged the court to pass orders for retrieving the gem.

Referring to an affidavit filed by the government, the bench disposed of the PIL by recording in its order, “The government of India continues to explore ways and means with the UK government on the issue. No further orders can be passed in these matters.”

It also observed that the government has submitted that Kohinoor could be brought back only through diplomatic channels when the other country accepts India’s claim.

“Courts cannot supervise or regulate diplomatic processes...we cannot interfere,” said the bench as it wrapped up proceedings on PILS filed by the NGO, All India Human Rights and Social Justice Front, and Heritage Bengal, a registered organisation.

Replying to a notice issued on the PILS by the top court last year, the government had said it was “mindful of the public sentiment attached with the gem”. But with no legal options available, the government said it will “explore ways and means” to negotiate with the UK to get the Kohinoor.