SC: Can’t order UK to return Kohinoor

Accepting the Centre’s submission that it was exploring ways and means to bring back Kohinoor diamond, which is in the possession of the United Kingdom, the Supreme Court on Friday refused to give any direction in this regard.

A three-judge bench of Chief Justice J.S. Khehar and justices D.Y. Chandrachud and Sanjay Kishan Kaul, disposed of petitions which apprehended that the diamond will be sold in auctions, saying the court cannot do much in this issue and the government was anyways taking diplomatic measures get it back.

The CJI told counsel for the petitioners, “See diplomatic measures cannot be under any supervision. Can a court in India pass any order asking any country to return something?”

Justice Khehar said: “We are quite surprised how can an Indian court pass an order to bring something which is in the UK.”

The CJI pointed out that the Centre’s affidavit clearly says “though it is not possible to make them return the diamond we will continue to explore it. Yes they say it is not possible but through diplomatic channels it may be possible. What kind of petitions you are filing. We are satisfied with the Centre’s reply and nothing further needs to be done.”

Giving the historical background, the Centre said the Kohinoor was found in Kollur mines in Guntur district of Andhra Pradesh by one Mir Jumia, Golgonda general, and was presented by him to Shah Jahan in an uncut form. After passing through several dynasties ruling India, in 1813 it came into possession of Maharaja Ranjeet Singh of Punjab. There is no doubt that this diamond is of Indian origin.