SC cautions: Want to give up Kohinoor?

Legal Correspondent

New Delhi, April 18

The Supreme Court today advised the Centre to take a “careful stand” on the Kohinoor diamond, instead of going by the Culture ministry’s view that India had no right to claim it from the United Kingdom.

A Bench comprising Chief Justice TS Thakur and Justice UU Lalit clarified that India would lose its right to claim ownership of the diamond if the SC dismissed a PIL that sought a directive to the Centre to make efforts to bring it back.

Last week, the Bench had sought the Centre’s response to the PIL by the All India Human Rights and Social Justice Front. Solicitor General Ranjit Kumar informed the court today that according to the Culture Ministry, the diamond had been gifted to the British Government by Maharaja Ranjit Singh’s heirs and as such India had lost its right over it.

The Bench, however, advised Kumar to also take the views of the External Affairs Ministry, named as a respondent by the petitioner. “The dismissal of the PIL will come in your way if you want to pursue the issue in future,” the Bench clarified and granted six weeks’ time for the Centre to take a final call on the issue.

Appearing for the petitioner, advocate Nafis Siddiqui pleaded that Britain possibly wanted to sell the diamond. He also cited media reports which quoted the British Prime Minister as saying that if the UK were to accept such demands, British museums would have to down their shutters.

The petitioner has also pleaded that the government should be directed to bring back other treasures of Bahadur Shah Zafar, Rani of Jhansi, Nawab Mir Ahmad Ali Banda and other rulers. The petition has also named the High Commissioners of UK, Pakistan and Bangladesh as parties to the case.

Diamond that’s part of Queen Elizabeth’s crown

• The 108-carat Kohinoor, which means Mountain of Light, is a large, colourless diamond that was found in southern India in early 14th century
• The gem, which came into British hands during the colonial era, is the subject of a historic ownership dispute and has been claimed by at least four countries, including India
• The stone was presented to Queen Victoria in 1850 after the Anglo-Sikh wars in which Britain gained control of the Sikh empire of Punjab
• The precious stone is estimated to cost over $200 million

As per our records, it was gifted... if a diplomatic call needs to be taken (to bring back Kohinoor), it would be taken at the right time...the Culture ministry will not take any initiative (to get back the diamond) - Mahesh Sharma, Culture Minister

The British took it away from Duleep Singh. They took away Kohinoor when they got the toshakhana (treasure house). Duleep was not a ruler when he gifted it to the Queen. How could he gift a state property to somebody when he was not a ruler? - Dr JS Grewal, Sikh Historian