The Centre said India’s claim on the Kohinoor based on historical facts and evidence cannot be doubted.
New Delhi:
The Centre on Wednesday informed the Supreme Court that it will explore ways and means to bring back the Kohinoor diamond, which is currently in the possession of the United Kingdom, through a satisfactory resolution.
The Centre made this statement in response to a public interest writ petition for a direction to the Union Government to get back the Kohinoor diamond as it was apprehended that the precious stone will be sold in auction. This stand is in contrast with the earlier submission made by the Solicitor General Ranjit Kumar in the court that it will not be possible to bring back the diamond to India.
Giving its historical background, the Centre said the Kohinoor diamond was found in Kollur mines on the southern banks of river Krishna 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 the possession of Maharaja Ranjeet Singh of Punjab. The statement asserted there is no doubt that this diamond is of Indian origin.
It said that it is a known fact that Kohinoor diamond was duplicitously confiscated by the East India Company in 1849 from Maharaja Duleep Singh, who was then a minor. The said diamond represents the sentiments of the people of India and therefore the matter of bringing back this diamond is being raised from time to time since Independence.
It also made it clear that the credentials of India regarding ownership of Kohinoor diamond based on historical facts and evidence cannot be doubted.
Since taking away of Kohinoor pre-dates the entry into force of the UNESCO Convention (under which export or transfer of antiquities are prohibited), there is no binding legal basis in international law in this case.
The only recourse is to explore the possibility of seeking the return of illicitly transferred/taken cultural property through negotiation/agreement with the foreign country concerned.
On the petitioner’s averment that there are attempts to sell the Kohinoor diamond through auction, the Centre said they have no official information regarding attempts to sell this piece of art and craft. The government is mindful of the sentiments that have been expressed by the Indian public and Parliament from time to time about the return of Kohinoor diamond and other items of India and it will explore all ways to get back the diamond, the affidavit said.
