HC rejects PIL seeking effective implementation of 1974 accord

The Madras High Court today dismissed a PIL seeking a direction to the Centre to effectively implement Article 6 of the 1974 India-Sri Lanka agreement which allowed Indian fishermen to fish in Sri Lankan waters, saying these are matters to be left to diplomatic channels of the two countries.
The First Bench, comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan, which dismissed the PIL as not maintainable, said that "this court has no jurisdiction to enforce a writ on the Sri Lankan government."
"Learned counsel for the petitioner did strenuously seek to contend that the said relief is not being prayed for but effectively in our opinion, that is the relief he has prayed for, though it may be couched in some other language."

"These are matters which have to be left to the diplomatic channels of the two countries. That the problem exists is not in doubt, but solution cannot be by issuing a writ of mandamus and that too indirectly affecting what the Sri Lankan government does, that being the grievance. We thus leave this issue to the wisdom of the government authorities," it said.
The matter relates to a PIL by Fisherman Care, Chennai, seeking a direction to the Centre to give effect to Article 6 in letter and spirit and delete relevant provisions of the March 23 1976 letter, which took away traditional fishing rights of Indian fishermen in the 'historic waters' between India and Sri Lanka.

Article 6 of the 1974 agreement reads "The vessels of India and Sri Lanka will enjoy in each other's water such rights as they have traditionally enjoyed therein."

The petitioner submitted that the Article permitted the traditional rights and thus in a sense, license has been given to Indian fishermen to go into Sri Lankan waters and carry out their fishing activities.
The agreement, however, was followed by exchange of letters between the two governments in New Delhi in March 1976, which prevented vessels of Indian fishermen from fishing in the "historic" waters, the territorial sea and the Exclusive Economic Zone of Sri Lanka.

Likewise, no fishing vessels or fishermen of Sri Lanka would engage in fishing in the "historic" waters, the territorial sea and the EEZ of India.
The bench referred to its August 5, 2015 order and said "once again we have to state that we cannot go beyond what we have observed in that order.