The submission was made by a Director of External Affairs, Deepak Mittal and a Joint Director of the External Affairs Ministry, Harsh Vardhan Shringla, in their counter to a batch of PILs seeking, among other demands, protection for Indian fishermen fishing near Katchatheevu.
The officials said that in all incidents in which Indian fishermen were reported or alleged to have been killed or missing or presumed dead, the Lankan Navy had denied involvement.
Katchatheevu, an islet, was ceded to Sri Lanka by India through an agreement in 1974.
Even though the Lankan Navy had denied any involvement, the Indian government continued to raise the matter with Sri Lanka, they said. But while doing so, it was guided by international diplomatic norms governing interaction with another sovereign government which had full sovereign powers to patrol its territory, they said.
Besides, the risks and dangers of straying into Lankan waters and crossing the international maritime boundary line had been explained to Indian fishermen, they said.
The officials said that according to information, no Indian fisherman was at present detained in Sri Lanka for straying into Lankan waters for fishing. However, 35 Indians were in Lankan jails for alleged involvement in offences like smuggling drugs, they said.
The officials claimed that after the Joint Statement between India and Sri Lanka in 2008, there had been a drop of around 90 per cent in the number of Indian fishermen who had been arrested. This showed the understanding between the two countries had a salutary effect on the situation, they said.
On Katchatheevu issue, they said there was no hindrance to exercise of rights of access to visit the islet. The government had reached an understanding in October 2008 with Sri Lanka to address some of the humanitarian and livelihood issues of fishermen, they submitted.
India and Sri Lanka had bilaterally negotiated and demarcated the boundary line between them in 1974, under which Katchatheevu fell under the Sri lankan side, they said. The maritime boundary had already been delineated, they added.
The officials said the PILs pertaining to the case filed by two advocates, were not maintainable as they involved relationship between two countries. The issues related to safety and security of Indian fishermen and agreements entered into by the two countries, they said.
Writ petitions with similar prayers like Katchatheevu should be retrieved had been dismissed earlier, they said, adding since a Tamil Nadu government petition regarding retrieval of Katchatheevu was also pending with the Supreme Court, the High Court should not entertain the PILs.The case was posted to August 25 for hearing.