Can't pass an order on reclaiming Kohinoor: SC

LONDON : FILE- in this April 5, 2002 file photo, The Koh-i-noor, or "mountain of light," diamond, set in the Maltese Cross at the front of the crown made for Britain's late Queen Mother Elizabeth, is seen on her coffin, along with her personal standard, a wreath and a note from her daughter, Queen Elizabeth II, as it is drawn to London's Westminster Hall. India's government has told the country's top court it won't try to reclaim the 106-carat Koh-i-Noor diamond, which is now part of the British crown jewels.The government told the Supreme Court on Monday that the diamond was neither taken away forcibly nor stolen, but was given as a gift to Queen Victoria by an Indian king in the mid-19th century. AP/PTI(AP4_19_2016_000137B)

The Supreme Court today said it could not pass an order for reclaiming the Kohinoor from the United Kingdom or to stop it from being auctioned.

Disposing of a plea seeking directions to bring the treasured diamond back to India, a bench headed by Chief Justice J S Khehar said it could not ask a foreign government not to auction a property.

The court made it clear it could not pass an order with regard to a property which was in another country.

"We are quite surprised that such petitions are filed for properties which are in the USA and the UK. What kind of a writ petition is this," the bench, also comprising Justices D Y Chandrachud and S K Kaul, said.

The apex court referred to an affidavit filed by the Centre and said, "The government of India continues to explore ways and means with the UK government on the issue."

The petitions, filed by an NGO, the All India Human Rights and Social Justice Front, and Heritage Bengal, a registered organisation, were tagged together by the court last year.