The Union government today informed the Madras High Court that it was highly unlikely that Sri Lanka would enter into any special agreement with India for invoking the jurisdiction of the International Court of Justice (ICJ) on alleged human rights violations of Tamil Nadu fishermen.
A counter-affidavit to this effect was filed today before the first bench of Chief Justice Indira Banerjee and Justice Abdul Quddhose by G Karthikeyan, Assistant Solicitor General of India, who appeared on behalf of the external affairs ministry.
The matter relates to a PIL filed by an NGO, the Fishermen Care, seeking a direction to the Union Of India, Ministry of External Affairs to refer the alleged human rights violations committed against the fishermen of Tamil Nadu to the ICJ.
The assistant solicitor general submitted the counter-affidavit filed by Banu Prakash, Deputy Secretary in the Ministry of External Affairs, to the bench.
The counter-affidavit submitted that the ICJ's jurisdiction was based on the consent of the parties.
Stating that there was no bilateral and multi-lateral treaty involving India and Sri Lanka which might confer the ICJ's jurisdiction in the matter concerning the fishermen, it said neither the 1974 and 1976 bilateral agreements nor the Geneva Convention, 1958 contained such a clause and therefore, the ICJ's jurisdiction could not be invoked.
The counter-affidavit said the Union government could not file any petition or any litigation under Article 36(2) of the ICJ statute, because India was also a member of the Commonwealth.
It also said that in view of the declaration, India could not invoke the compulsory jurisdiction clause for filing a case against Sri Lanka, which is also a member of the Commonwealth.
He referred to a litigation filed by Pakistan before the ICJ, in which India had argued that since Pakistan was a Commonwealth country, it could not seek action against India, also a Commonwealth nation.
After recording the affidavit, the bench posted the matter for further hearing to April 2.
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