SC gives state one 'last chance' to release water

The Supreme Court on Friday gave Karnataka one “last chance” to comply with its order to release 6,000 cusecs of Cauvery water per day for six days to Tamil Nadu. A bench of Justices Dipak Misra and U U Lalit also slammed Karnataka for flouting the order, saying, “Karnataka should not maintain any obstinate stand of defiance as one knows not when the wrath of law shall fall on one.”

Though the court asked the Union government to set up the Cauvery Management Board by October 4 to assess the ground situation in the river basin areas, it again ordered the state to release 6,000 cusecs of water every day from October 1 to 6 to Tamil Nadu, despite the resolution by the Karnataka Assembly for giving priority to drinking purpose. The court said it could have taken steps to ensure strict compliance of its orders.

But since the court directed setting up the Cauvery Management Board and sought a report from it on October 6, the next date of hearing, it preferred to reiterate the direction for release of water passed on September 27.

“We are granting this opportunity as the last chance... we are sure Karnataka, being part of the federal structure of the country, would rise to the occasion and not show any deviancy till the ground report is made available,” the bench said.

Citing Article 144 of the Constitution, which mandated all authorities to act in aid of the Supreme Court, the bench said, “Unfortunately, Karnataka, despite being a state, is flouting the order and in fact, creating a situation where the majesty of law is dented.”

Attorney General Mukul Rohatgi apprised the court that no breakthrough could be achieved in the meeting of the Karnataka chief minister and Tamil Nadu’s PWD minister, having been chaired by the Union water resources minister, here on Thursday. He, however, agreed to the court’s suggestion for constituting the Cauvery Management Board, as directed by the Cauvery Water Disputes Tribunal, by October 4.

The bench directed Karnataka, Tamil Nadu, Puducherry and Kerala to nominate their members to the board by Saturday so that it can be formally constituted by October 4. 

Tamil Nadu’s counsel, senior advocate Shekhar Naphade, expressed his anguish and said, “We are not saying yes or no to any order of the court. We have been treated shabbily. Any order passed by the court is not going to be obeyed by Karnataka.”

During the hearing, the bench took on record a letter shot off by Karnataka’s counsel, senior advocate F S Nariman, to Chief Minister Siddaramaiah, wherein he expressed his inability to make any submission on behalf of the state, which could not release water in deference to the court’s orders.