New Delhi: Kohinoor, a priceless diamond that is part of a royal crown, was given to Britain and not stolen, the government on Monday told the Supreme Court, which is hearing a suit seeking its return.
Solicitor General Ranjit Kumar, appearing for the government, said, "India should not stake a claim to the famed Kohinoor diamond as it was neither stolen nor forcibly taken away."
Kumar pointed out that this was the stand of the Culture Ministry. "Ministry of External Affairs is also a party and their response is yet to come," he informed the court.
He also told the apex court that the Kohinoor diamond was handed over by Maharaja Ranjit Singh to the East India Company. Singh in turn had taken it from an Afghan king who had sought sanctuary in India.
Chief Justice T.S. Thakur asked the Centre if it wants the case to be dismissed as they would face a problem in the future when putting forward any legitimate claim.
The Supreme Court has asked the Centre to file a detailed reply within six weeks. The apex court had on April 9 asked the Centre to disclose its stand on bringing back the diamond.
The apex court made this observation while hearing a petition filed by All India Human Rights and Social Justice Front.
The petition had said that the government was not making efforts to bring the diamond back. The Solicitor General said that he would seek an instruction from the government and then inform the court.
The diamond was, by force, made to be presented to Queen Victoria in 1850, by the Marquess of Dalhousie, the British governor-general of Punjab. The people have been demanding the return of the 105-carat stone for years.
The diamond had been an heirloom of the Afghan monarchy and before then was in Persian royal hands, but its true origins remain a mystery.
Its name translates as "Mountain of Light" and it is traditionally worn by a queen -- it is said to bring bad luck to any man who wears it.
In 1976 Britain refused a request to cede the diamond, citing the terms of the Anglo-Sikh peace treaty.
"I could not advise Her Majesty the Queen that it should be surrendered," said Jim Callaghan, prime minister at the time.
Britain's Prime Minister David Cameron has also said he would oppose returning the diamond.
"If you say yes to one you suddenly find the British Museum would be empty," he told an English news channel in 2010. "It is going to have to stay put."
