Setback to Tamil Nadu, SC puts water board on hold

Tamil Nadu suffered a setback on Tuesday with the Supreme Court putting on hold its earlier direction to the Centre to set up the Cauvery Management Board to assess the ground realities in the Cauvery river basin.

The court, however, directed Karnataka to release 2,000 cusecs of water to Tamil Nadu from October 7 to 18, taking note of the fact that by October 6, the state would have complied with the order and released 36,000 cusecs of water to TN. The Bench asked the supervisory committee to undertake an inspection of the Cauvery river basin to study the ground realities and submit a report on October 17, ahead of the hearing on October 18.

A Bench of Justices Dipak Misra and Uday Lalit despite strong opposition from Tamil Nadu accepted the submissions of the attorney-general Mukul Rohatgi on behalf of the Centre that the apex court could not have passed an order for the constitution of the CMB as there is an embargo under Article 262 of the Constitution, read with Section 11 of the Inter-State River Disputes Act, 1956 to pass such an order.

The AG also contended that the constitution of a CMB by the Cauvery Water Disputes Tribunal on the lines of Bhakra-Beas Management Board was only a “recommendation”, which the Centre could choose to either accept or reject. Her said setting up of a Board is a part of legislative exercise. This order had denuded the Centre of its power under the Inter State Water Disputes Act of 1956 to frame a scheme based on an award which goes through a legislative process by placing thereof before the Parliament and final say is vested in the Parliament. The AG said the order should be recalled or deferred for the time being to be decided in the final hearing of the appeals coming up for hearing on October 18.

Earlier in the day the AIADMK accused the Centre of politicising the Cauvery water sharing issue and asked it to withdraw the petition submitted yesterday seeking modification in the Supreme Court order on CMB. The AIADMK MPs, led by Deputy Speaker of Lok Sabha M Thambidurai, took out a protest march from Parliament House to the Prime Minister’s Office in South Block after the 49-member contingent was allegedly denied permission to meet the PM. A seven-member team of MPs, later, met the PMO officials and submitted a memorandum addressed to the Prime Minister seeking his intervention in constituting the CMB.

Senior counsel Fali Nariman who had recused himself from representing Karnataka on September 30 till the State complied with the order, today informed the court that the State had already released 24,000 cusecs and by October 6, TN will get the balance 12,000 cusecs and thereby the orders have been complied with. He, however, cautioned the court from passing further orders relating to release of water which cannot be implemented as it will cause misery and create problems to the people. Mr. Nariman said during the last hearing he had requested the court not to pass orders for release of water, but despite his opposition, this court directed release of water and he had to draw flak.

The State Advocate General M.R. Naik after taking instructions from the government informed the bench that 1,500 cusecs of water can be released for 10 days from October 7 to 16 till the technical committee submits its report. He said in September the state had released 17.5 tmcft and another 3.1tmcft will be relased by October 6.

Senior counsel Shekar Naphade, for Tamil nadu took exception to the change of stand by the Centre and questioned why should they back-track in setting up the CMB. There is change in strategy on the part of Karnataka and Union of India is playing into their hands. He said “there is something more than what meets the eye.” Recalling the earlier instance when former Karnataka Chief Minister S.M. Krishna was hauled up for contempt but subsequently let off with an apology, counsel asked “why is this soft treatment of politicians. If a small man has committed a contempt he would have been landed in jail by now.” He said there is already deficit of 4.5 tmcft for September and another 22 tmcft is due in October. The Bench then directed Karnataka to release 2,000 cusecs for 12 days from October 7 to 18.