Cauvery Tribunal itself is caught in a storm

The 14-year-old Cauvery Water Disputes Tribunal (CWDT) has itself become a source of dispute, with Karnataka seeking before Supreme Court its immediate reconstitution and Tamil Nadu opposing it.

While Tamil Nadu expressed full confidence in the Tribunal to resolve the dispute over sharing of Cauvery river water, Karnataka said to inspire confidence the Tribunal should be reconstituted.

The affidavits by the two states were filed on Wednesday in response to notices issued by the Supreme Court on a petition by Gandhi Sahitya Sangh Trust alleging that the decision of the two members of the Tribunal to bypass its chairman in deciding to visit the river basin has resulted in impropriety.

"Karnataka fully supports the averments made in the special leave petition including the paragraph which contends 'that the Tribunal has almost broken down', which therefore can only be remedied by reconstituting the Tribunal," the affidavit filed on Wednesday by the state in the apex court said.

On the other hand, Tamil Nadu saw no infirmity in the decision of the two-members of the Tribunal to visit the basin and said the purpose of the petition "seems to be to somehow scuttle the proceedings of the Tribunal and thereby delay the passing of the final award to end the controversy pending for more than 30 years."

The Karnataka government reproduced the alleged remarks exchanged between chairman and the other two members of the CWDT and said "... The above disturbing and distressing events reflect lack of collegiality and unity in the Bench...".

Referring to one of the member's visit to Billigundlu reservoir allegedly without any intimation to Karnataka and subsequent report on that basis, the Dharam Singh government said such things have made it difficult for the state to maintain confidence of the people in the adjudicatory process of the Tribunal.

The state requested the court to pass appropriate orders "in the interest of justice and equity under Article 142 of the constitution to inspire confidence of the people in the adjudicatory process."

The court had asked the members to defer their visit to the basin. When the Karnataka government "fully supported the petition", the Jayalalithaa government sought dismissal of the petition.