The Madras High Court suggested Union of India to frame guidelines and persuade Sri Lankan Authorities to desist from taking extreme measures in case Indian fishermen, accidentally or otherwise, stray into Sri Lankan waters.
"Every effort should be made by the Union to persuade the Sri Lankan authorities to desist from taking extreme measures in case Indian fishermen, accidentally or otherwise, stray into Sri Lankan waters. It is the same restraint which ought to be exercised by Indian authorities when it comes to Sri Lankan fishermen."
The above observation was made by the Division- bench of Madras High Court, Madurai Bench comprising of Hon'ble the Chief Justice Sanjib Banerjee and Justice R. Hemalatha while dealing with the Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondent, to arrest and cease the murder accused Srilankan Naval Personnel and their Naval Boat who killed 4 Indian Fishermen on 18.01.2021; to get compensation from the Srilankan Government to the families of 4 mudered Indian Fishermen and to take adequate steps to protect the Tamil Nadu Fishermen and their properties from Srilankan Navy (such as, boats and nets).
Court Reasoning & Judgment
The Court relied on the affidavit filed by the Union of India relating to the diplomatic efforts undertaken to ensure that there is no recurrence of such incident. The Court also held that:
“Indian fishermen should be educated and, if necessary, gadgets installed that sound an alarm ahead of the international maritime boundary line so that accidental overstepping across the Indian waters do not take place.”
The Bench disposed of the petition as the matter brought to the notice of the Court.
Case Details
Case: W.P.(MD) No.1852 of 2021
Petitioner: K.K.Ramesh
Respondent: The Government of India & Ors
Counsel for the Petitioner: Mr.K.K.Ramesh
Counsels for the Respondents: Mrs.L.Victoria Gowri & Mr.K.P.Krishnadoss
Quorum: Chief Justice Sanjib Banerjee and Justice R. Hemalatha
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