The Indian Government put an immediate stop on the 'bring Kohinoor back' movement as it categorically told the Supreme Court that the famous diamond could not be viewed as a “stolen” item. It cited the $ 200 million diamond as “neither stolen nor forcibly taken away”.
Solicitor General Ranjit Kumar, appearing for the government said this was the stand of the Culture Ministry, also stating that the 105 karat diamond was handed over to the East India Company by Maharaja Duleep Singh. In response to a PIL filed by NGO All India Human Rights and Social Justice Front, that sought a direction to the Centre to bring back Kohinoor and other precious artefacts taken by the British during colonial rule, Kumar narrated a brief history of the diamond. “It changed hands several times till Shah Shuja of Afghanistan gave it to Maharaja Ranjit Singh in 1813. After Ranjit Singh's death, his successor Duleep Singh gave the diamond to the British as compensation for the Anglo-Sikh war. The East India Company gifted it to Queen Victoria in 1894 and since then it has been in possession of the British royalty. India's first PM Jawaharlal Nehru in 1956 had written a letter to the British government. A number of times, the matter was raised in the Lok Sabha. But Kohinoor cannot be categorised as an item stolen and taken out of the country,” he said.
“If we claim return of treasures taken away from India during various periods of history, then other countries too will ask India to return several items exhibited in museums,” he said. He however, failed to impress the bench as they responded saying, “India was colonised and ruled by several foreign powers. Has India ever colonised any foreign country? Is there a case where India has looted other countries and brought back treasures from there?” It said the famous sword of Tipu Sultan was brought back to India. To which Kumar replied, “It was purchased by the same gentleman (Vijay Mallya) who has gone out of the country now and the apex court is hearing a petition relating to him at present.” The bench asked, “Are you sure the sword is in India at present?”
The bench consisting of Chief Justice TS Thakur and UU Lalit said though the Centre indicated at the futility of entertaining a PIL seeking a direction to facilitate return of “stolen” precious items from India, it could not simply dismiss the plea as it could impede future efforts to reclaim precious items and artefacts. “If we were to dismiss the petition, it could stand in the way of the government's future efforts. The countries possessing items taken from India could well cite the Supreme Courts' order to reject claims for return of the treasure items in future.”
Meanwhile, British Parliament's longest serving MP of Asian origin, Keith Vaz welcomed the centre's stand saying, “The Indian Government has made its decision and we should respect and support it. This draws a line under this particular campaign. There may of course be other issues that need to be pursued. I am sure Her Majesty The Queen will be pleased as she celebrates her 90th Birthday.”
