In 1974, when an ordinary citizen questioned the recognition of Kachatiu Island as Sri Lankan territory, the government argued that it was in no position to interfere in the case.

Fifty years later, Brij Khandelwal, the first petitioner in the Katchatheevu case, said he stood by his belief that no government had the right to reduce the country’s territory.

The uninhabited island, which is about 1.6 kilometers long and more than 300 meters wide, has returned to the spotlight before the Lok Sabha elections. The Bharatiya Janata Party accused the then Congress government of giving it to Sri Lanka.

In an exclusive interview with New Delhi Television, Mr. Khandelwal recalled why he was firmly opposed on the issue.

“I submitted this petition in 1974 because there were rumors that a small island in the south of just 200 acres would be donated to Sri Lanka as a gift. I didn’t like the idea because I thought the government had no right to reduce the territory they could increase but India’s territory cannot be diluted or reduced,” he said.

Read | ‘Nehru considered it a nuisance’: S Jaishankar doubles down on Katchatheevu Row

He said he filed a petition in the Delhi High Court in 1974 out of fear that the island might be used for military purposes in the future if relations between the two countries soured.

“My opinion is that relations with Sri Lanka may be good today, but tomorrow they may become sour and hostile. This did happen in the late eighties. So I am very keen and concerned about it. … “I’m worried about what will happen if some hostile government leases this land out for military use one day.”

However, with the state of emergency still in place and citizens’ basic rights suspended, his arguments were met with a fierce response from the government.

Watch | Video: Katchatheevu Island, new flashpoint between BJP and opposition

“The government argued that we had no standing in this case, that we had no business, no contact or direct relationship with Katchatheevu Island and therefore we should not be heard. But as a free citizen, all my basic rights are intact Without prejudice, “I have the right to intervene and raise this issue. I have full right to move freely in any part of Indian territory and no government has the right to deforest any part of the land,” Mr. Khandelwal said.

But the court wasn’t convinced.

“The court may find that I do have no standing, but more importantly, because the emergency clause is enforced and I have no fundamental rights, I cannot use that as a defense,” he added.

After the emergency was lifted, Mr Khandelwal said he did not pursue the matter very strongly because “no government was interested”. “After the Emergency was lifted in 1977 and the PPP came to power, I told them. But they asked me not to interfere unnecessarily in the relations between the two countries. So I kept silent,” he added.

Read | ‘I replied 21 times’: S Jaishankar dismisses DMK charges against Katchatheevu

He added that the island was part of Indian territory till 1947 and the legality of the entire case was not in dispute.

Khandelwal said: “The magnanimity of Indira Gandhi’s government may have forced her to take this decision. She wanted to have good relations with Sri Lanka, but that did not happen and the prime minister later failed.”

He said the government had no good reason to oppose the case but the courts were under pressure due to the state of emergency.

“The question I raised in 1974 remains true even today, I firmly believe that no government has the right to give away any part of India,” he added. “I believe this island belongs to us.”

The Kachatiu dispute has resurfaced after media reports based on an RTI reply received by Tamil Nadu BJP president K Annamalai regarding the 1974 Indo-Sri Lanka Maritime Agreement.

In 1976, after the Tamil Nadu government was dissolved during the Emergency, another agreement restricted fishermen from both countries from fishing in each other’s waters. The harassment of Tamil Nadu fishermen by Lankan authorities is a key issue in the state and the BJP has raised the issue in the upcoming Lok Sabha polls.