Supreme Court raps Karnataka, modifies Cauvery order

The Supreme Court on Monday lambasted Karnataka for defying its order citing law and order situation in the state and said its stand “is absolutely disturbing” and “totally depreciable,” but modified its September 5 order, asking Karnataka to release a reduced amount of 12,000 cusecs of Cauvery river water per day to Tamil Nadu till September 20 from the earlier 15,000 cusecs a day.

While refusing to keep its order in abeyance, a Bench of Justices Dipak Misra and Uday Lalit, at a special sitting to consider Karnataka’s urgent plea despite it being a court holiday, expressed anguish over the “tone and tenor” of the state’s plea and said that law and order situation cannot be ground for non-compliance of the court’s order.

Rejecting Karnataka’s plea that the court’s direction to Karnataka, to release 15,000 cusecs water per day to Tamil Nadu, be kept in abeyance till the next hearing on the ground that there has been a fault in the Cauvery Water Tribunal award, the Bench said, “If we are allowed to say then we must say that the tone and tenor of the application is absolutely disturbing and to say the least, totally depricable... that apart the application for modification contain certain averment which follow the tenor or similar language which cannot be conceived of in a court of law seeking modification of an order.”

“Agitation, spontaneity or galvanised riot or any kind of catalystic component can never form the foundation for seeking modification of an order An order of this court has to be complied by all the concerned and it is the obligation of the executive to ensure that the orders are complied in letter and spirit,” the Bench added.

In its application, filed late Saturday, Karnataka said spontaneous agitations in various parts of Karnataka, including Bengaluru, Mandya, Mysore and Hassan in the Cauvery basis had paralysed normal life besides destroying the public and private properties (in hundreds of crores of rupees).

The bench in its order also said that, “Citizens cannot become law unto themselves. When a court of law passes an order, it is the sacred duty of the citizens to obey the same. If there is any grievance, they are obligated under the law to take recourse to permissible legal remedies. The tenor of the application filed by the state of Karnataka does not reflect so, but, on the contrary, demonstrates otherwise. We decry it.”

The Bench, however, said it is “inclined to modify the order dated 5th September, 2016, to the extent that the state of Karnataka shall release 12,000 cusecs of water per day and the said direction, shall remain in force till 20th September, 2016.”

As we have adjourned the matter to be taken on that day, we expect the inhabitants of both the states, Karnataka and Tamil Nadu, shall behave regard law and order and the executive of both the states are under constitutional obligation to see that law and order prevails.”

The Bench asked the supervisory committee, an expert body, to take a decision in conformity with the final order of the tribunal.

Senior counsel Fali S. Nariman, appearing for Karnataka, submitted that the application has been erroneously drafted, but the prayer requires a hearing. He, however, pleaded for modification of the September 5 order as otherwise Karnataka would suffer immensely as there will be shortage of drinking water and water for irrigation.

Senior counsel Shekar Naphade and Rakesh Diwedi, appearing for Tamil Nadu, opposed the application and contended that law and order situation can never be ground for keeping the order of the court in abeyance. The Bench directed the matter to be listed for further hearing on September 20.