Supreme Court, historians stunned as government says Kohinoor was gifted, not stolen

In a major departure, the Narendra Modi government on Monday gave up its claim to bring back the 105-carat Kohinoor diamond from the United Kingdom.

It took a curious stand before the Supreme Court (SC), saying the precious historic diamond was "not stolen or forcibly taken away and India should not claim to bring it back."

The Centre's stand has enraged historians as well as the Sikh community saying that "attempt cannot be made to re-write history." India has been claiming to bring it back to the country since 1947.

Solicitor General Ranjit Kumar, appearing for the Modi government, told the bench headed by Chief Justice of India (CJI) T S Thakur that the culture ministry has taken a stand that "India should not claim Kohinoor as it was neither stolen nor forcibly taken away. It was handed over by Maharaja Ranjit Singh to the East India company."

The ministry of external affairs is yet to make its stand clear, the second senior-most law officer told the bench on a PIL seeking direction to the Centre to bring back the Kohinoor.

To his submission, the CJI said: "Do you want us to dismiss the plea? If we do so, you will face problem in future in putting any legitimate claim...It will be said that the matter is already decided by your apex court." The court also asked for a detailed affidavit in this regard.

A petition was filed by the All India Human Rights and Social Justice Front alleging that the government was not making any effort to bring back the diamond. The UK government had, in 2013, rejected the demand for the return of Kohinoor. Differing from the government, historians said "it is an attempt to re-write history.

Professor Syed Ali Nadeem Rezvi, deputy co-ordinator of Centre of Advance Study in History, Aligarh Muslim University (AMU), said "this government, since its formation, has been playing games with and in the name of history. How can a thing "wrested" from a subservient colonised state be treated as gift? Unless, of course, the present party in power does not consider British Imperialism in India and its colonisation as something bad, but takes it as beneficial. Gifts are exchanged between two independent entities; but when one is a master and the other a slave, things taken from the slave are not gifts."

Professor Ali Athar, also from AMU, said: "The government's stand would undermine Maharaja Ranjit Singh's image. How can he gift his own heritage to outsiders. What evidence the government has to take such a stand?"

The Delhi Sikh Gurudwara Management Committee president Manjeet Singh GK said: "I don't agree with the government. It was not gifted. The way Kohinoor was taken away by Britishers, it can't be treated as gift."

Professor Harminder Singh Bedi from the Guru Nanak Dev University said: "History says Britishers were keen to achieve the Kohinoor diamond. This was achieved through MoU and we can't say it was gifted."

The apex court made this observation while hearing a petition filed by the All India Human Rights and Social Justice Front alleged that this government was not making any effort to bring back the diamond.

India first demanded the return of the Kohinoor as soon as independence was granted in 1947. A second request followed in 1953, the year of the coronation of Queen Elizabeth II.

In 2000, several MPs signed a letter calling for the diamond to be returned to India, claiming it was taken illegally. In the meantime, Pakistan has also claimed its ownership of the diamond in 1976. Iran and Afghanistan have also claimed their ownership right over the precious gem.