Kohinoor diamond: SC dismisses curative petition
New Delhi, Apr 29: The Supreme Court has given the legal burial to a case which had sought judicial intervention to reclaim the 108-carat Kohinoor diamond from the United Kingdom.
A five-judge bench headed by Chief Justice Ranjan Gogoi dismissed a curative petition seeking to re-examine its 2017 verdict in which it had said that it cannot pass order for reclaiming Kohinoor diamond from the UK or to stop it from being auctioned.
Kohinoor, which means Mountain of Light, is a large, colourless diamond that was found in Southern India in early 14th century.
The 108-carat Kohinoor gem, which fell into British hands during the colonial era, is the subject of a historic ownership dispute and claimed by at least four countries including India.
"We have gone through the curative petition and the connected papers. In our opinion, no case is made out within the parameters indicated in the decision of this court in the case of Rupa Ashok Hurra vs. Ashok Hurra & another....Hence, the curative petition is dismissed," said the bench, also comprising Justices S A Bobde, N V Ramana, D Y Chandrachud and S K Kaul, in its recent order.
Curative petition is heard in the chamber of judges in the absence of lawyers.
The top court had in April 2017 disposed of pleas filed by an NGO and others seeking directions to bring back the treasured diamond to India saying it cannot ask a foreign government not to auction a property.
The court had made it clear it could not pass an order with regard to a property which was in another country.
In its order, the court had referred to an affidavit filed by the Centre and said that "the Government of India continues to explore ways and means with the UK government on the issue".
The Centre had earlier told the apex court that Kohinoor was neither "forcibly taken", nor "stolen" by British rulers but given to the East India Company by the rulers of Punjab.
The pleas had sought directions to the Indian High Commissioner in the UK for the return of the diamond, besides several other treasures.
After the April 2017 order, a plea seeking review of the verdict was filed in the apex court.
The review plea was dismissed by the court in November 2017.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
