In the Katchatheevu issue concerning Sri Lanka, the Supreme Court on Tuesday advised the Central Government to create awareness among Indian fishermen so that they do not enter that country’s maritime area.
It also adjourned the next hearing of this case to February 2027.
A.K. Selvaraj filed a case in the Supreme Court in 2008 challenging the two agreements that handed over Katchatheevu to Sri Lanka. In this regard, cases were also filed at different times on behalf of parties including the DMK and AIADMK. These cases came up for hearing on Tuesday before a bench comprising judges Sanjay Kumar and Sanjeev Sachdeva.
At that time, appearing for the Tamil Nadu government, Additional Advocate General Haripriya said, "Even though Tamil Nadu fishermen have the right to fish in the Katchatheevu area, they are being arrested by the Sri Lankan Navy. The Tamil Nadu Chief Minister has also written to the Prime Minister regarding this," she said.
Following this, Attorney General R. Venkataramani, appearing on behalf of the Central Government, argued, "Since this is a diplomatic matter involving two countries, the Supreme Court of India cannot issue an order. India maintains excellent diplomatic relations with Sri Lanka. The Central Government does not wish to revisit or annul the old agreements between the two countries. The Indian government continues to engage in diplomatic talks with the Sri Lankan government on the fishermen issue. However, it cannot be compelled to cooperate." On behalf of the DMK, senior advocate P. Wilson argued, "To implement the Katchatheevu agreement, the First Schedule of the Constitution should have been amended. That has not been done so far. The continued arrest of Indian fishermen and attacks on them have become routine. India should hold talks with the Sri Lankan government and find a solution to the problem," he pointed out.
The lawyer appearing on behalf of the fishermen’s organization, Jaisukhin, spoke about the plight of Indian fishermen who are subjected to arrest by the Sri Lankan Navy. Following this, Judge Sanjay Kumar, in an oral observation, said, "Due to Sri Lanka’s better environmental protection reasons, fish may also migrate in larger numbers to that country’s sea area. In this matter, Indian fishermen should be given adequate awareness to prevent them from entering Sri Lankan waters. It must be ensured that they are not affected," he noted.
Following this, accepting the central government's request to adjourn the case, the judges ordered that the next hearing be postponed to February next year.
Background: This case has been filed in the Supreme Court challenging the 1974 India-Sri Lanka maritime boundary agreement under which Katchatheevu was handed over to Sri Lanka, and the 1976 agreement that restricted Indian fishermen's fishing rights. The petition alleges that Tamil Nadu fishermen are being repeatedly arrested by Sri Lankan security forces while fishing in the disputed sea area.
Through these cases, which have been pending since 2008 regarding the livelihood of fishermen fishing in the Palk Strait and the Katchatheevu agreement, the fishermen issue has continued to be a topic of discussion. It is noteworthy that the Supreme Court has not yet expressed any opinion on the validity of the 1974 and 1976 agreements.
