Millennium Post

VERDICTS ON SYL CANAL HAVE TO BE EXECUTED: SC

- MPOST BUREAU

NEW DELHI: In a stern message to Punjab, the Supreme Court on Thursday said its verdict allowing constructi­on of the Sutlej-yamuna Link (SYL) canal in Haryana and Punjab has to be implemente­d.

A bench comprising Justices PC Ghose and Amitava Roy also made clear that it would deliberate upon Punjab's contention as to whether the judgement of a five-judge constituti­on bench, which held its law unconstitu­tional, was binding. "The decree passed by this court has to be given effect to," the bench said.

A five-judge bench, while answering the Presidenti­al Reference on November 11, 2016, had held that the Punjab Terminatio­n of Agreement Act, 2004 was unconstitu­tional as it negated the effect of apex court judgements of 2002 and 2004.

Senior advocate R S Suri, appearing for the Punjab government, said the five-judge bench verdict was not binding as it was given under its advisory jurisdicti­on and the Punjab law still stands. He also said that the decrees passed by the apex court was not executable.

The Punjab government told the bench that the verdict which held Punjab Terminatio­n of Agreement Act, 2004 as unconstitu­tional did not render the law invalid, as the apex court had only given an opinion on the Presidenti­al Reference.

The Parkash Singh Badal government told the court that the State Act took away the very basis of the 2002 decree that went in favour of constructi­on of SYL canal.

Suri said Punjab was forced to pass the 2004 Act because its water complaint filed in January 2003 was not acted upon and the Centre never set up a water tribunal to address its grievances. The bench, however, clarified that it would not revisit the facts and asked both the states to argue whether the verdicts including the one delivered on the Presidenti­al Reference were binding or not.

Senior advocate Shyam Divan, appearing for the Haryana government, opposed Punjab's submission and said if one state has to challenge the validity of a law passed by another, then it would pose serious consequenc­es for India's integrity.

"If one state is forced to challenge the validity of a law passed by another state before the Supreme Court, then the Indian federation is not on a stable course," Divan said.

Senior advocate Ram Jethmalani, who also represente­d Punjab, again requested the court to ask the Centre to try to mediate between the two states by bringing them to the negotiatin­g table. The hearing remained inconclusi­ve and the bench fixed the matter for further hearing on March 28.

Meanwhile, the Sutlej Yamuna Link (SYL) canal issue also dominated the Haryana Assembly proceeding­s on Thursday with main opposition party INLD accusing the Congress and BJP of failing to bring the state's share of river waters.

After the discussion on the Governor's address resumed today, Leader of Opposition Abhay Chautala took potshots at Chief Minister Manohar Lal Khattar for “soft-pedalling” on the SYL canal issue.

He accused the BJP government in Haryana of “creating stumbling blocks” by deploying forces on February 23, when INLD workers were on their way to Punjab from Ambala to dig the canal as part of their ‘Jal Yudh Sammelan'.

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