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Can't Pass Order on Reclaiming Kohinoor Diamond from UK, Says Supreme Court

The bench dismissed the curative petition, saying there is no merit in it and that the petitioner has failed to make out any substantial reason why the issue needs to be kept alive.

Utkarsh Anand | CNN-News18

Updated:April 28, 2019, 11:14 AM IST
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Can't Pass Order on Reclaiming Kohinoor Diamond from UK, Says Supreme Court
File photo of Kohinoor diamond (Picture courtesy: Getty Images)

New Delhi: The Supreme Court has refused to review its decision against passing any order on reclaiming Kohinoor diamond from the United Kingdom.

A five-judge bench, headed by Chief Justice of India Ranjan Gogoi, has found no good ground to reconsider the Court's earlier order.

The bench dismissed the curative petition, saying there is no merit in it and that the petitioner has failed to make out any substantial reason why the issue needs to be kept alive.

"We have gone through the Curative Petition and the connected papers. In our opinion, no case is made out within the parameters indicated in the decision of this Court in the case of Rupa Ashok Hurra Vs Ashok Hurra and another. Hence, the Curative Petition is dismissed," held the bench in a recent order.

The bench also included Justices SA Bobde, NV Ramana, DY Chandrachud and SK Kaul.

The top court had earlier disposed of the petition filed by NGO 'All India Human Rights and Social Justice Front'.

It had then noted that it cannot direct the United Kingdom on what to do with the Kohinoor diamond.

The Court questioned how petitions seeking the return of properties lying with a foreign government find their way into the Supreme Court, which has no jurisdiction whatsoever over such matters, that are best left to international diplomacy rather than the judiciary.

The central government, in its affidavit, had said it was “continuing to explore ways for a satisfactory resolution” over the diamond with the UK. The affidavit had said the issue of the Kohinoor was “taken up time and again since the Independence”.

The restitution of Kohinoor, the government said, would require a “special agreement” between both countries. It added that the Antiquities and Art Treasures Act of 1972, which prevents the export of precious articles and treasures from the country, could not help in this case since the British East India Company confiscated the Kohinoor from the boy king Maharaja Duleep Singh in 1849 — much before the law came into being.

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| Edited by: Ahona Sengupta
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