Indian Fishermen Caught By Sri Lankan Navy Released, Centre Tells Supreme Court

The Supreme Court on Friday disposed of a plea seeking direction to the Union of India to negotiate with the Sri Lankan Government authorities to release the arrested Indian Fisherman and their mechanized boat.

A bench of Justices Aniruddha Bose and Vikram Nath, after taking into consideration the status report filed by the Union where it was reported that all the 68 Indian fisherman who were apprehended by the Sri Lankan Navy in December 2021 have been released and repatriated to India, did not find any reason to keep the matter pending.

The counsel appearing for the Petitioner prayed the court to look into the issue regarding marine boundary between India and Sri Lanka which results in such incidents to which the bench stated that, "we cannot get into the issues regarding international treaties" and asked the counsel to approach the jurisdictional court regarding the release of the mechanized boats of the fishermen.

The issue before the Supreme Court was regarding fishermen who were arrested and 10 boats were seized by the Sri Lankan Navy between 18th and 20th December 2021 on the ground of crossing the International Maritime Boundary Line while they were fishing.

The petitioner stated that the Tamil fishermen always catch fishes around the Katchatheevu Island, which was under the control of the Union of India but it was handed over to the Sri Lankan Government which seriously affected the Indian fishermen. Citing the Berubari judgment, it was argued in the petition that the agreement signed between the Indian Prime Minister and the Sri Lankan Prime Minister in 1974 by which the Indian Government handed over the island to the Sri Lankan Government was invalid as it was not placed before the Parliament and the opinion of the public was not taken.

The petition alleged that the Sri Lankan Navy centred the Katchtheevu Island and have been attacking and destroying the Indian Fishermen and their boats and nets. The petition also mentions that the Tamil Nadu Government passed a resolution in its Assembly on 3rd May 2015 to protect the Indian Fishermen and sent it to the Central Government but Central Government has failed to take any action in this regard.

The petition averred that more than 100 fishermen have been illegally arrested and kept in Sri Lankan prison where they are ill treated which is a clear violation of Human Rights. It was stated that if the situations continue the future of Indian fishermen may be under a question mark.

The petitioner had thus prayed for direction to the Indian Government to negotiate for the release of the fishermen and their boats, and take strong action against the Sri Lankan Naval Personal. The petition had further prayed for direction that an Indian Naval Ship to provide security to Indian Fishermen at the International Maritime Boundary Line.

Case Title : K. K. Ramesh vs Union of India and Ors. – W. P. (C) No. 74/2022

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