Telling Karnataka to give up its stance of continued defiance, the Supreme Court on Friday ordered the state to release 6,000 cusecs of Cauvery river water every day to Tamil Nadu for six days, from October 1.
The apex court also directed the central government to constitute the Cauvery Management Board by October 4, and told Karnataka, Tamil Nadu, Kerala and Puducherry to inform the central government of their nominees by 4 p.m. on Saturday.
As soon after it is set up, the CMB would visit the spot to "study the ground reality and give us a report forthwith", it said,
The bench of Justice Dipak Misra and Justice Uday Umesh Lalit expressed its displeasure over the continued defiance of its last three orders by the Siddaramaiah government in Karnataka.
"We would have proceeded to have taken steps for strict compliance of our order, but as we are directing the Cauvery Management Board to study the ground reality and give us a report forthwith," the court said.
The top court, by its September 5, September 12, September 20 and September 27, had asked Karnataka to release water to Tamil Nadu. Except for first two orders which were partially complied with, the last two were met with total defiance.
Telling Karnataka government that it was its "last chance" to fall in line, the bench said: "We are granting this opportunity as a last chance and we repeat at the cost of repetition that we are passing this order despite the resolution passed by the assembly", which practically said no release of water to Tamil Nadu.
Citing the Constitution's Article 144 mandating civil and judicial authorities to act in aid of the Supreme Court, the court said: "It is clear as crystal that all authorities in the territory of India are bound to act in aid of the Supreme Court. Needless to say, they are bound to obey the orders of the Supreme Court, but, unfortunately, the State of Karnataka is flouting the order and, in fact, creating a situation where the majesty of law is dented."
"We are sure that the State of Karnataka being a part of the federal structure of this country will rise to the occasion and not show any kind of deviancy and follow the direction till the report on the ground reality is made available to this Court.
"The State of Karnataka should not bent upon maintaining an obstinate stand of defiance, for one knows not when the wrath of law shall fall on one."
Justice Mishra also told senior counsel Shekhar Naphade, appearing for Tamil Nadu, that they "understand your anguish".
Naphade had said: "We are not saying anything. We have been shabbily treated. There is nothing that the State of Tamil Nadu wants to place before the court. We are not saying anything."
At this, Attorney General Mukul Rohatgi said: "I think the court is doing its best. We must appreciate it."
At the outset of the hearing, Rohatgi apprised the court of the meeting that Union Water Resources Minister Uma Bhatrti had with Siddaramaiah and Tamil Nadu PWD Minister Edappadi K. Palanisamy in pursuance to the court's September 27 order to convene a meeting of the Chief Ministers to break the impasse.
He said at the end, the "the ball is back in the court" as during the meeting, Karnataka expressed its helplessness in releasing the water citing its problem of drinking water and standing crops, while Tamil Nadu stuck to its position that Karnataka had to comply with the court's orders.
The court also appreciated senior counsel Fali Nariman for telling Siddaramaiah that beyond placing before the court the Chief Minister's September 29 letter, he would not make any submission on behalf of Karnataka before the court, saying "we must unhesitatingly state that this behoves the officer of the Court in the highest tradition of the Bar."
Siddaramaiah, in his September 29 letter to Nariman, told him that after the apex court's September 27 direction to release 6,000 cusecs every day for three days, he had convened a all-party meeting on September 28, where it was unanimously decided that in accord with the will of the people as reflected by September 23 "unanimous resolution" of the assembly, no water be released to Tamil Nadu.
The meeting was also attended by the three central ministers from the state.
--IANS
pk/vd
Disclaimer: No Business Standard Journalist was involved in creation of this content
