SC warns Karnataka

RESPONDING TO the report “Night After: Indian jawan in Pak custody, LOC firefight continues,’ (The Indian Express, September 30), Col A Mitra, Director Media, Directorate of Military Intelligence, has written: “The report states that fighting had erupted in the general area of Mankote and that the fighting, as per sources, was “spearheaded by jihadists sent in to retaliate against the raids, backed by Pakistani troops stationed across the Line of Control near Tata Pani.” No such retaliatory action has been conducted either by jihadists or the Pakistan Army anywhere as mentioned in the report.”

The Indian Express replies: Thereportaboutthefirefightalongtheloc and the capture of an Indian soldier by Pakistan is based on information from sources aware of the operations near Mankote. The Indian Express stands by its report. the fact that Karnataka did not release water although it had been ordered it to do so irrespective of the resolution by the state legislature against it.

“Werepeatatthecostofrepetitionthatwe are passing this order despite the resolution passed by the Joint Houses of State Legislature of the State of Karnataka... We are sure that Karnataka, being part of the federal structure ofthiscountry,willrisetotheoccasionandnot show any kind of deviancy and follow the direction till the report on the ground reality is made available to this court,” it said.

The court further asked the Union government to set up by October 4 the Cauvery Management Board, which will make assessment of ground realities in the river basin areas and report back to the court by October 6.

Meanwhile, Attorney General Mukul Rohatgi informed the bench about the impasse, and said no breakthrough could be achieved in the meeting chaired by the Water Resources Minister and attended by the Karnataka chief minister and the Tamil Nadu PWD minister.

Rohatgi agreed to the court’s suggestion to constitute the Cauvery Management Board, as directed by the Cauvery Water Dispute Tribunal, by October 4. The bench directed Karnataka, Tamil Nadu, Puducherry and Kerala to nominate their members to the board by Saturday.

Onhispart,tamilnadu’scounsel,senioradvocateshekharnaphade,said,“wearenotsayingyesornottoanyorderofthecourt.wehave beentreatedshabbily.anyorderpassedbythe court is not going to be obeyed by Karnataka.”

Karnataka’s counsel, senior lawyer Fali S Nariman, also apprised the bench of his communication with Chief Minister S Siddaramaiah wherein the jurist has impressed upon the state to honour the court order and release the water. In response to Siddaramaiah’s inability to do so, Nariman said he would not be able to make any submission on behalf of the state in the court.

At this, the bench said, “We must appreciate the stand taken by Nariman. This behoves the officer (all lawyers are treated as such) of the court in light of the tradition of the bar.” The court will hear the case next on October 6.