Centre in contempt of Feb Cauvery verdict, says SC
WATER ROW Court not keen to let issue linger, orders govt to frame scheme at the earliest
NEWDELHI: The Supreme Court on Tuesday directed the Union water resources secretary to appear before it on May 14 with a draft of the Cauvery management scheme for implementation of its verdict on water sharing between four states, including Tamil Nadu and Karnataka.
A bench headed by Chief Justice of India Dipak Misra told Centre that the delay on acting upon the judgment was “sheer contempt of court”.
“We do not want to come back to square one. Once the judgment has been delivered, it has to be implemented,” said the bench, also comprising justice AM Khanwilkar and justice DY Chandrachud.
Attorney general KK Venugopal again said the draft scheme was ready but not approved by the Cabinet since the ministers were busy due to the assembly polls in Karnataka. He also urged the court to hear the matter after the elections are over. The state votes on May 12. Referring to the unrest after an order in the SC/ST (Prevention of Atrocities) Act case, Venugopal said the presentation of a scheme before the elections can create a law and order problem in Karnataka.
Nine people died after violent protests broke out in various parts of the country after the SC/ST verdict that barred immediate arrest of those facing allegations under the law meant to protect members of the community.
Venugopal suggested it was not in the hands of the board to get the water released. But when Tamil Nadu counsel senior advocate Shekhar Naphade accused the Centre of prolonging the issue and not letting the state get its share of water, Venugopal assured court that the scheme will be put in place soon to implement the SC’S February judgment. The CJI said the court was not keen to let the matter linger on any further and that the Centre cannot abdicate its duty to frame the scheme.
“By now the authority should have framed the scheme. It can’t go on like this. What you have done is sheer contempt,” he said.
“As per the judgment, it’s the duty of the authority to implement the decree. The executive authority has to deal with it. Only the authority can decide how much water problem is being faced by which state. You are under obligation to implement the judgment,” the CJI added.
On the last hearing, the court had pulled up Karnataka for not releasing sufficient water for Tamil Nadu. On Tuesday, the CJI said the court did not want to give any direction to Karnataka.
Venugopal blamed Tamil Nadu for the delay and said the state had given a detailed representation to the Centre after stakeholders were called discuss implementing the verdict. “They (TN) should have raised an objection then,” he said.
Tamil Nadu objected to the Centre’s argument that it needed to discuss with all stakeholders before framing the scheme. Naphade said, “We will go back to the people of TN and tell them they won’t get water despite this court’s judgment. This is contempt. Somebody must be sent to jail for this.”
The bench fixed the matter for further hearing on May 14, declining the Centre’s request to give it time till May 16 to come up with the scheme. The results of the Karnataka assembly polls will be announced on May 15.