Exercise Restraint If Sri Lankan Fishermen Stray Into Indian Waters, Persuade Lankan Authorities To Do Same In Case Of Indian Fishermen: Madras HC To UOI

"It is the same restraint which ought to be exercised by Indian authorities when it comes to Sri Lankan fishermen", added the Bench of Chief Justice Sanjib Banerjee and Justice R. Hemalatha.

The Plea before the Court

It may be noted that the plea pertained to the recent killing of four Indian fishermen who had strayed into Sri Lankan waters or, at any rate, had crossed the international maritime boundary line.

The Plea sought directions to the Union of India to arrest and cease the murder accused Srilankan Naval Personnel and their Naval Boat who killed 4 Indian Fishermen on 18^th January 2021.

Further, the plea sought compensation from the Srilankan Government to the families of 4 murdered Indian Fishermen.

The plea also demanded adequate steps to be taken to protect the Tamil Nadu Fishermen and their properties from Srilankan Navy (such as boats and nets), by considering the petitioner's representation.

Court's observations

At the outset, the UOI filed an affidavit that spelled out the details of the diplomatic efforts undertaken to ensure that there is no recurrence of such incident.

It was submitted before the Court that a joint working group on fisheries from the two nations met on December 30, 2020 and the entire aspect was discussed threadbare.

In this backdrop, the Court said,

"Without being jingoistic or parochial in the matter, every effort should be made by the Union to persuade the Sri Lankan authorities to desist from taking extreme measures in case Indian fishermen, accidentally or otherwise, stray into Sri Lankan waters. It is the same restraint which ought to be exercised by Indian authorities when it comes to Sri Lankan fishermen."

Significantly, the Court also said,

"Indian fishermen should be educated and, if necessary, gadgets installed that sound an alarm ahead of the international maritime boundary line so that accidental overstepping across the Indian waters do not take place."

In view of the measures indicated in the Union's affidavit, the Court found that no further steps could be suggested by it and thus the plea was disposed of.

In related news, last month a plea was moved before the Supreme Court (related to this very incident) seeking for the arrest of Sri Lankan naval personnel accused of killing four Indian fishermen in January 2021 and for a compensation of Rs. 5 crores each from the Sri Lankan Government to the family of the victims.

Filed by Advocate Narender Kumar Verma and drawn by Advocate CR Jaya Sukin, the plea also prays for steps to be taken to protect the Tamil Nadu fishermen and their properties from Sri Lankan Navy, and to avoid such incidents in the future.

Further, the Supreme Court on Monday (08^th March), allowed withdrawal of PIL filed seeking directions for the enactment of a uniform act to regulate marine fishing for the protection of rights and interest of traditional fishermen.

A three-judge bench led by CJI Bobde granted the petitioners liberty to approach the Madras High Court and make representations to the Government in respect of the new policy namely, the National Fisheries Policy Draft 2020.

Case title - K.K.Ramesh v. The Government of India and others [W.P.(MD) No.1852 of 2021]

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