The Division Bench of the Madras High Court, comprising Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy in the case of G.Thirumurugan @ Theeran Thirumurugan v. Union of India & Ors has directed the Central Government to take efforts to get all the fishermen released which were detained by the Sri Lankan authorities with their boats for crossing international border for fishing .
Background of the Case
The Petitioner belongs to the one of the family of 68 fishermen who were detained by the Sri Lanka authorities. He filed this petition for seeking directions from the Court against Central and State Government for expediting the process for the release of 68 Tamil Nadu Fishermen and their boats from the custody of Sri Lankan Navy and Coast Guard and hand over them to their relatives in accordance with law within the time stipulated by this Court.
Submission of the Petitioner
The Counsel on the behalf of the Petitioner has made a reference to Articles 5 and 6 of the Agreement between Srilanka and India on the boundary in Historic Quarters between the two countries and related matters 26 and 28 June 1974 has been made.
He further submitted that those efforts through diplomatic channels have to be continued so that 68 fishermen, who were arrested, may be released at the earliest.
Reasoning and Decision of the Court
The Court primarily pointed out the detailed order of the Court which was passed on 31.12.2021, giving out the efforts already taken by the Government of India through the diplomatic channels.
The Court expounded that the Government is making all the possible efforts yet some more efforts are required to be made so that 68 fishermen may get released at the earliest and for that purpose if there exists an agreement, it can be invoked.
The Court further hoped and held that “we trust that the Government of India would make all the efforts for the release of 68 fishermen, who were taken into custody by the Sri Lankan Navy and Coast Guard.”
Therefore, the Court dismissed the writ petition without imposing any cost on it and sent the order to the respondents to take efforts to get all the fishermen released.
Case Details
Case: - W.P.(MD) Nos.23290 of 2021 & 3442 of 2022
Petitioner: - G.Thirumurugan @ Theeran Thirumurugan
Respondent: - Union of India & Ors
Judge: Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy
Picture Source :
