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Approach Ministry for relief, court directs fishermen

J. Venkatesan

Association sought protection from Sri Lankan Navy

New Delhi: The Supreme Court on Thursday asked the Tamil Nadu Coastal Mechanised Boat Fishermen Welfare Association to represent before the Ministry of External Affairs for action to protect Indian fishermen venturing into the sea from atrocities of the Sri Lankan Navy.

A Bench of Chief Justice K.G. Balakrishnan and Justice M.K. Sharma permitted the association to withdraw the petition with liberty to approach the Ministry for relief.

Senior counsel K. Subramanian, appearing for the association, submitted that under Section 3 of Territorial Waters Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 the sovereignty of India extended to its territorial waters.

He alleged that the Sri Lankan Navy was opening fire and killing innocent Indian fishermen even when they were fishing near Katchathivu within our territorial waters. He said the association had made a representation to the Prime Minister Manmohan Singh in October 2004 requesting the Centre to take action and stop the indiscriminate killing.

Counsel pointed out that Tamil Nadu Chief Minister M. Karunanidhi, in a letter to the Prime Minister on March 8, had sought action to protect the lives of Indian fishermen. He wanted the court to direct the Centre to consider the suggestions made by the Chief Minister in his letter.

The CJI told counsel that it would not be possible to give such a direction and the petitioner might make a representation to the authorities. Counsel agreed to withdraw the petition and approach the Centre.

The petitioner alleged that due to the inaction of the Indian government, over 300 fishermen were killed over the years and about 2,000 others detained. The Sri Lankan Navy was resorting to this as an excuse to control the movement of LTTE cadres. The livelihood of thousands of fishermen was in peril and several representations to the authorities to protect their lives had proved futile.

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