Rebutting her charge that he agreed for giving up Katchatheevu to Sri Lanka and explaining the steps he took to register the opposition to the Centre’s move, DMK President Kalaignar on Jun 21 turned the table on Jayalalitha and told her that it would be better for her to stop exposing chinks in her armour on the issue because her contentions that “reclaiming Katchatheevu did not seem to be an immediate possibility” and “The Ceding of this tiny Island to the Island Nation had been done by the Government of India in the interest of better bilateral relations” and “Sri Lanka’s Sovereignty over Katcha Theevu could be upheld” were registered on various occasions.
In his epistle to party cadre, Kalaignar referred to Jayalalitha’s speech in the Assembly on Jun 20 that he had no locus standi to speak about Katchatheevu issue and stated that she had been repeating the same since 1991 in the Assembly and outside and he had been explaining then and there. But we can wake up those who slept but not those who pretended sleeping. However, as she had again raised the issue he explained again.
For instance, in a statement issued on 22.3.2009 Jayalalitha had said that he kept quite when the island was ceded to Sri Lanka by India. Immediately he countered asking if she was prepared to apologise if he established with evidence his protest against the move.
The heading given by dailies for the speech delivered by her from the ramparts of Fort St George on 15.8.1991 after hoisting the tricolor flag on the occasion of Independence Day was “Jayalalitha swears to retrieve Katchatheevu”. Jayalalitha thundered “this government is prepared to argue with the Centre and if need be to agitate for the retrieval of the island. This was a promise made by our election manifesto. I say this as a pledge to retrieve a part this soil”. It is 25 years since she swore to retrieve it, what did she do? What did she speak on 15.8.1991? Having challenged like that, is it fair to question me why I did not agitate or accusing me of doing nothing? Similarly how many times did she meet the Prime Minister and the President for Kachchatheevu issue? Can she list the dates and types of agitations conducted by her? What else she did except writing letters? This was what Ponmudi asked for which she has said that Karunanidhi has no locus standi to speak about Katchatheevu, Kalaignar said.
Did she ever announce the resignation of ADMK government if she was firm in retrieving Katchatheevu? Except filing a petition in the Supreme Court what else did she do? But she has alleged that he did not protest against the ceding of the island. Was it true?
The DMK government had, in 1974 itself, adopted a resolution in the Assembly objecting to ceding of the island to Sri Lanka. The resolution moved by him in the Assembly registered its deep regret for the decision taken by the Centre on Katchtheevu issue and urged it to respect the feelings of people of Tamil Nadu by reviewing it and amend the pact with Sri Lanka to reiterate the sovereignty of India over the island. “Besides expressing its deep pain on the decision of the Centre on the Katchatheevu issue belonging to India and having close rights to TN, the Assembly wants the Centre reconsider this, take efforts to amend the agreement to have India’s sovereignty over the island and respect the feelings of the people of TN”, the resolution read.
Moreover, speaking on the resolution he had said that the Centre was told several times that people of Tamil Nadu would not like Katchatheevu ceded to Sri Lanka and in every talk the DMK government urged that India should not give up that island. There could not be any different view on the issue for the people and any political party in the State. We have told that the Centre did not seek the approval of TN government on such big issue and no opportunity was provided for discussions between the PM and CM. He had also explain the leaders of all parties about the letters written to the PM and evidences presented to prove that the island belonged to India.
He immediately wrote to the Prime Minister after the all-party meeting stating:
“Dear Prime Minister,
On behalf of the Government of Tamil Nadu and on behalf of the people of Tamil Nadu, I am constrained to express our deep sense of disappointment over the recent Indo-Sri-Lanka agreement, according to which, Sri Lanka’s claim to Kachativu has been conceded by the Government of India,
May I express the hope that you will take into consideration the unanimous decision contained in the Resolution and take appropriate action?”
Further in his speech then, Kalaignar said that he said the announcement came suddenly on Jun 27, 1974 and no indication about it was conveyed to the State government. On seeing the report on 27th in dailies he gave telegrams to all party leaders and spoke over telephone with some of them. Officers were also sent to meet some leaders. In no way we were party to this decision to cede the island to Sri Lanka.
Besides convening all party meeting and adopting resolution the DMK conducted agitations throughout the State on this issue on 24.7.1974 and he as CM participated in the meetings in Thanjavur and Papanasam in Thanjavur district.
Later when he was speaking to reporters, he said the DMK vehemently opposed the ceding of the island but the then Prime Minister Indira Gandhi consoled him saying that rules had been framed for ensuring our rights in the island. We had the right to visit the church there and fishermen for fishing and drying their nets. During the Emergency period in 1976, through another pact with Lanka without consulting people, the traditional right of Indian fishermen for fishing near Katchatheevu was also given up.
The daily ‘Dinamani’ wrote in its editorial on 17.8.1991, ”In the pact signed by the then Prime Minister Indira Gandhi with Lankan Prime Minister Sirimavo Bandaranayaka in 1974 it was announced that Katchatheevu was given up to Sri Lanka for creating better relations between the two nations. Before signing this agreement, the Centre did not consult people of TN’. In the same editorial it was also written,” During the Emergency period in 1976, through another pact with Lanka without consulting people, the traditional rights of Indian fishermen for fishing near Katchatheevu was also given up”.
Jayalalitha has also spoken about the case in the Supreme Court and his speech at the TESO conference.
In the affidavit filed by the Centre has said in its affidavit that the question of retrieval of the island did not arise since no territory belonging to India was ceded to Sri Lanka. It had submitted that the island belonged to neither side during the British rule and it went to Sri Lanka when the international boundary lines were drawn. Later an agreement was reached between India and Sri Lanka in 1974 and in the pact made in 1976 also India had agreed that Katchatheevu was in Sri Lankan territory. It was wrong to create an impression as if the island within the boundary of India was ceded to Lanka, the Centre stated.
Jayalalitha also asked why the difference between his speech in the Assembly that he came to know of the deal only through dailies but in 2013 claiming that some clauses were included only at his behest.
The resolution adopted on 15.4.2013 it was stated, “When the 1974 pact was implemented the DMK government severely opposed it at the initial stage itself. When the pact was signed overlooking the protest, the DMK government insisted that at least the rights of TN fishermen for fishing in the region of the island and for drying their nets should be included and they were included”.
At the end of the TESO resolution it was stated that according to section 368 of the Constitution, the Parliament has to approve the nation ceding any part of the country. As this procedure was not followed in the case of Kachchatheevu, ceding the island through a pact was not constitutionally valid. And hence it was decided to approach the Supreme Court to abrogate the 1974 pact and to get the island declared as a part of India.
Accordingly he had filed a petition in the Supreme Court on 10.5.2013 which came for hearing on 15.7.2013 before the bench of Chief Justice Altamas Kabeer, Justices FM Ibrahim Kalifulla and Vikram Jith Sen, which ordered notice to the Centre.
There was severe opposition to the 1974 pact in Parliament when the then External Affairs Minister Swaran Singh tabled a copy of the pact on 23.7.1974. The then DMK member Era.Chezhiyan said that we would not accept giving up of Katchatheevu belonging to TN to Sri Lanka. He said, ”I want to submit that we should have been consulted and the House should have been taken into confidence before they entered into this unholy agreement for the surrender of territory by India. While we are anxious that friendly and cordial relations should be maintained with Sri Lanka, the legal and constitutional proprieties against the interests of the country since it amounts to pure surrender of our territory without going through any of the norms. This is an unholy and disgraceful act of statesmanship unworthy of any Government. Therefore, we do not want to associate ourselves with the statement that is going to be made by the Hon. Minister, and we want to disassociate ourselves by walking out of the House.”
Forward Bloc member Mookaiah Thever said “Katchativu forms part of my constituency. You are acting like a dictator. You are speaking like a democrat but at the same time you are acting like a dictator. The whole life of thousands of fishermen….. Today the Ceylon government has moved their forces, their military towards that island. Thousands of mechanized boats were stopped; movements were restricted. Their lives are in danger. You have simply betrayed. You have no sympathy and courtesy to consult those people. You are thinking of it as a part of Tamil Nadu. Do not think it as part of Tamil Nadu. It is going to be the base for a torture war. It is going to be the base and challenge the life of the nation. I have to warn all these things because in the past it has been the tradition of our Governement to give bhoodan of the northern borders. (Interruptions). The division of India has cost the life of Mahatama Gandhi. It is not a part of Tamil Nadu but it is a part of the holy land of India. You are betraying. On behalf of the constituency and on behalf of the Forward Block, I walkout”.
BJP member A.B.Vajpayee said that the island was doled out to Sri Lanka through a secret deal to get the friendship of that nation. In the Rajya Sabha DMK member S.S.Marisamy said that the unilateral action of the Centre without consulting TN government was anti-democratic. SP member Raj Narain and IUML member Abdul Samad also spoke.
Did not Jayalalitha on 20.4.1992 say in the Assembly that “We adopted a resolution her for retrieving Katchatheevu and sent to the Centre. But it does not seem to be immediate possibility’?
Moreover, on 30.9.1994 as CM she wrote to the then Prime Minister P.V. Narasimha Rao “The Ceding of this tiny Island to the Island Nation had been done by the Government of India in the interest of better bilateral relations”.
Again in a letter written by Jayalalitha as CM to the then Prime Minister Vajpayee on 23.7.2003, had stated that the only way to maintain cordial relations between India and Sri Lanka and to protect the traditional rights of Tamil Nadu fishermen. “The best possible solution is to get the island of Katchatheevu and adjacent seas on lease in perpetuity solely for fishing, drying of nets and pilgrimage. Sri Lanka’s sovereignty over Katchatheevu could be upheld at the same time”.
In another statement Jayalalitha had said that the issue was with another country and the power to retrieve it was vested with the Centre. If the State Chief Minister had had the powers it would have been retrieved long back. Forgetting all these she was now telling the Assembly that he (Kalaignar) ceded the island. Kalaignar said he had never agreed to it and registered opposition then itself. He also convened the meeting of leaders of all parties and fought for retrieving it to the extent possible. But had Jayalalitha even once convene the meeting of all party leaders? told her that it would be better for her to stop exposing chinks in her armour on the issue because her contentions that “reclaiming Katchatheevu did not seem to be an immediate possibility” and “The Ceding of this tiny Island to the Island Nation had been done by the Government of India in the interest of better bilateral relations” and “Sri Lanka’s Sovereignty over Katcha Theevu could be upheld” were registered on various occasions.
In his epistle to party cadre, Kalaignar referred to Jayalalitha’s speech in the Assembly on Jun 20 that he had no locus standi to speak about Katchatheevu issue and stated that she had been repeating the same since 1991 in the Assembly and outside and he had been explaining then and there. But we can wake up those who slept but not those who pretended sleeping. However, as she had again raised the issue he explained again.
For instance, in a statement issued on 22.3.2009 Jayalalitha had said that he kept quite when the island was ceded to Sri Lanka by India. Immediately he countered asking if she was prepared to apologise if he established with evidence his protest against the move.
The heading given by dailies for the speech delivered by her from the ramparts of Fort St George on 15.8.1991 after hoisting the tricolor flag on the occasion of Independence Day was “Jayalalitha swears to retrieve Katchatheevu”. Jayalalitha thundered “this government is prepared to argue with the Centre and if need be to agitate for the retrieval of the island. This was a promise made by our election manifesto. I say this as a pledge to retrieve a part this soil”. It is 25 years since she swore to retrieve it, what did she do? What did she speak on 15.8.1991? Having challenged like that, is it fair to question me why I did not agitate or accusing me of doing nothing? Similarly how many times did she meet the Prime Minister and the President for Kachchatheevu issue? Can she list the dates and types of agitations conducted by her? What else she did except writing letters? This was what Ponmudi asked for which she has said that Karunanidhi has no locus standi to speak about Katchatheevu, Kalaignar said.
Did she ever announce the resignation of ADMK government if she was firm in retrieving Katchatheevu? Except filing a petition in the Supreme Court what else did she do? But she has alleged that he did not protest against the ceding of the island. Was it true?
The DMK government had, in 1974 itself, adopted a resolution in the Assembly objecting to ceding of the island to Sri Lanka. The resolution moved by him in the Assembly registered its deep regret for the decision taken by the Centre on Katchtheevu issue and urged it to respect the feelings of people of Tamil Nadu by reviewing it and amend the pact with Sri Lanka to reiterate the sovereignty of India over the island. “Besides expressing its deep pain on the decision of the Centre on the Katchatheevu issue belonging to India and having close rights to TN, the Assembly wants the Centre reconsider this, take efforts to amend the agreement to have India’s sovereignty over the island and respect the feelings of the people of TN”, the resolution read.
Moreover, speaking on the resolution he had said that the Centre was told several times that people of Tamil Nadu would not like Katchatheevu ceded to Sri Lanka and in every talk the DMK government urged that India should not give up that island. There could not be any different view on the issue for the people and any political party in the State. We have told that the Centre did not seek the approval of TN government on such big issue and no opportunity was provided for discussions between the PM and CM. He had also explain the leaders of all parties about the letters written to the PM and evidences presented to prove that the island belonged to India.
He immediately wrote to the Prime Minister after the all-party meeting stating:
“Dear Prime Minister,
On behalf of the Government of Tamil Nadu and on behalf of the people of Tamil Nadu, I am constrained to express our deep sense of disappointment over the recent Indo-Sri-Lanka agreement, according to which, Sri Lanka’s claim to Kachativu has been conceded by the Government of India,
May I express the hope that you will take into consideration the unanimous decision contained in the Resolution and take appropriate action?”
Further in his speech then, Kalaignar said that he said the announcement came suddenly on Jun 27, 1974 and no indication about it was conveyed to the State government. On seeing the report on 27th in dailies he gave telegrams to all party leaders and spoke over telephone with some of them. Officers were also sent to meet some leaders. In no way we were party to this decision to cede the island to Sri Lanka.
Besides convening all party meeting and adopting resolution the DMK conducted agitations throughout the State on this issue on 24.7.1974 and he as CM participated in the meetings in Thanjavur and Papanasam in Thanjavur district.
Later when he was speaking to reporters, he said the DMK vehemently opposed the ceding of the island but the then Prime Minister Indira Gandhi consoled him saying that rules had been framed for ensuring our rights in the island. We had the right to visit the church there and fishermen for fishing and drying their nets. During the Emergency period in 1976, through another pact with Lanka without consulting people, the traditional right of Indian fishermen for fishing near Katchatheevu was also given up.
The daily ‘Dinamani’ wrote in its editorial on 17.8.1991, ”In the pact signed by the then Prime Minister Indira Gandhi with Lankan Prime Minister Sirimavo Bandaranayaka in 1974 it was announced that Katchatheevu was given up to Sri Lanka for creating better relations between the two nations. Before signing this agreement, the Centre did not consult people of TN’. In the same editorial it was also written,” During the Emergency period in 1976, through another pact with Lanka without consulting people, the traditional rights of Indian fishermen for fishing near Katchatheevu was also given up”.
Jayalalitha has also spoken about the case in the Supreme Court and his speech at the TESO conference.
In the affidavit filed by the Centre has said in its affidavit that the question of retrieval of the island did not arise since no territory belonging to India was ceded to Sri Lanka. It had submitted that the island belonged to neither side during the British rule and it went to Sri Lanka when the international boundary lines were drawn. Later an agreement was reached between India and Sri Lanka in 1974 and in the pact made in 1976 also India had agreed that Katchatheevu was in Sri Lankan territory. It was wrong to create an impression as if the island within the boundary of India was ceded to Lanka, the Centre stated.
Jayalalitha also asked why the difference between his speech in the Assembly that he came to know of the deal only through dailies but in 2013 claiming that some clauses were included only at his behest.
The resolution adopted on 15.4.2013 it was stated, “When the 1974 pact was implemented the DMK government severely opposed it at the initial stage itself. When the pact was signed overlooking the protest, the DMK government insisted that at least the rights of TN fishermen for fishing in the region of the island and for drying their nets should be included and they were included”.
At the end of the TESO resolution it was stated that according to section 368 of the Constitution, the Parliament has to approve the nation ceding any part of the country. As this procedure was not followed in the case of Kachchatheevu, ceding the island through a pact was not constitutionally valid. And hence it was decided to approach the Supreme Court to abrogate the 1974 pact and to get the island declared as a part of India.
Accordingly he had filed a petition in the Supreme Court on 10.5.2013 which came for hearing on 15.7.2013 before the bench of Chief Justice Altamas Kabeer, Justices FM Ibrahim Kalifulla and Vikram Jith Sen, which ordered notice to the Centre.
There was severe opposition to the 1974 pact in Parliament when the then External Affairs Minister Swaran Singh tabled a copy of the pact on 23.7.1974. The then DMK member Era.Chezhiyan said that we would not accept giving up of Katchatheevu belonging to TN to Sri Lanka. He said, ”I want to submit that we should have been consulted and the House should have been taken into confidence before they entered into this unholy agreement for the surrender of territory by India. While we are anxious that friendly and cordial relations should be maintained with Sri Lanka, the legal and constitutional proprieties against the interests of the country since it amounts to pure surrender of our territory without going through any of the norms. This is an unholy and disgraceful act of statesmanship unworthy of any Government. Therefore, we do not want to associate ourselves with the statement that is going to be made by the Hon. Minister, and we want to disassociate ourselves by walking out of the House.”
Forward Bloc member Mookaiah Thever said “Katchativu forms part of my constituency. You are acting like a dictator. You are speaking like a democrat but at the same time you are acting like a dictator. The whole life of thousands of fishermen….. Today the Ceylon government has moved their forces, their military towards that island. Thousands of mechanized boats were stopped; movements were restricted. Their lives are in danger. You have simply betrayed. You have no sympathy and courtesy to consult those people. You are thinking of it as a part of Tamil Nadu. Do not think it as part of Tamil Nadu. It is going to be the base for a torture war. It is going to be the base and challenge the life of the nation. I have to warn all these things because in the past it has been the tradition of our Governement to give bhoodan of the northern borders. (Interruptions). The division of India has cost the life of Mahatama Gandhi. It is not a part of Tamil Nadu but it is a part of the holy land of India. You are betraying. On behalf of the constituency and on behalf of the Forward Block, I walkout”.
BJP member A.B.Vajpayee said that the island was doled out to Sri Lanka through a secret deal to get the friendship of that nation. In the Rajya Sabha DMK member S.S.Marisamy said that the unilateral action of the Centre without consulting TN government was anti-democratic. SP member Raj Narain and IUML member Abdul Samad also spoke.
Did not Jayalalitha on 20.4.1992 say in the Assembly that “We adopted a resolution her for retrieving Katchatheevu and sent to the Centre. But it does not seem to be immediate possibility’?
Moreover, on 30.9.1994 as CM she wrote to the then Prime Minister P.V. Narasimha Rao “The Ceding of this tiny Island to the Island Nation had been done by the Government of India in the interest of better bilateral relations”.
Again in a letter written by Jayalalitha as CM to the then Prime Minister Vajpayee on 23.7.2003, had stated that the only way to maintain cordial relations between India and Sri Lanka and to protect the traditional rights of Tamil Nadu fishermen. “The best possible solution is to get the island of Katchatheevu and adjacent seas on lease in perpetuity solely for fishing, drying of nets and pilgrimage. Sri Lanka’s sovereignty over Katchatheevu could be upheld at the same time”.
In another statement Jayalalitha had said that the issue was with another country and the power to retrieve it was vested with the Centre. If the State Chief Minister had had the powers it would have been retrieved long back. Forgetting all these she was now telling the Assembly that he (Kalaignar) ceded the island. Kalaignar said he had never agreed to it and registered opposition then itself. He also convened the meeting of leaders of all parties and fought for retrieving it to the extent possible. But had Jayalalitha even once convene the meeting of all party leaders? told her that it would be better for her to stop exposing chinks in her armour on the issue because her contentions that “reclaiming Katchatheevu did not seem to be an immediate possibility” and “The Ceding of this tiny Island to the Island Nation had been done by the Government of India in the interest of better bilateral relations” and “Sri Lanka’s Sovereignty over Katcha Theevu could be upheld” were registered on various occasions.
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