Date:14/04/2004 URL: http://www.thehindu.com/2004/04/14/stories/2004041410821400.htm

National

Court upholds takeover of Karan Singh's family jewellery

By J. Venkatesan

NEW DELHI, APRIL 13. The Supreme Court today upheld the takeover of the jewellery belonging to the family of Karan Singh, former Governor of Jammu and Kashmir and son of the State's last ruler. The jewellery, worth over Rs. 100 crores, which he claimed to be his family property, is lying in the Government treasury.

A Bench, comprising Justice Y. K. Sabharwal and Justice A.R. Lakshmanan, said: "There has never been any declaration that the articles in question are private properties of the appellant or his father." The Bench agreed with an order of the Jammu and Kashmir High Court holding that Dr. Singh "has not put forward any claim much less such claim having recognised by the Union of India for 30 years and all those years the appellant did not raise his little finger in respect of these movables."

The High Court had come to the conclusion that looking into the nature and circumstances and the conduct of the appellant, it was evident that till 1983 no attempt whatsoever was made either by the ex-ruler or by Dr. Singh to claim these jewels as private property. After the signing of the instrument of accession by Maharaja Hari Singh on October 26, 1947, the articles in question comprising jewellery, heirlooms, wearing apparel, gold and silver utensils and cutlery, furniture, fixtures and carpets were transferred on September 17, 1951, from the Government treasury at Jammu to the treasury at Srinagar. India recognised Dr. Singh as the successor to Maharaja Hari Singh in 1961.

However, only in 1983, Dr. Singh wrote to the Ministry of Home Affairs staking his claim over these items and a year later approached the Jammu and Kashmir High Court seeking a direction to the Union Government for handing over of this private property to him. During the pendency of the petition before the High Court, the Union Government rejected Dr. Singh's claim on September 24, 1984 quoting a letter of Maharaja Hari Singh to late Vallabhbhai Patel, the then Home Minister, listing his private properties without mentioning the jewellery or regalia claimed by Dr. Singh.

The Bench noted that the Government had accepted the private property list given by Maharaja Hari Singh, which was stated even in his autobiography titled "Heir Apparent." Further, Dr. Singh had acknowledged that the treasure lying in the toshakhana (treasury) had been given to the State.

Keeping these facts in view, the apex court felt that Dr. Singh had abandoned or waived his right in respect of the articles and said: "It is evident that the appellant came out of slumber only in the year 1983 and took chance in respect of the articles in question." It declined to interfere with the High Court order.