Cauvery issue: SC raps Centre; summons Union Water Resources Secy

Satya Prakash

Tribune News Service

New Delhi, May 8

The Supreme Court on Tuesday summoned Union Water Resources Secretary on May 14 with a draft scheme on implementation of its directions on the Cauvery water dispute, even as the Centre got breather till Karnataka Assembly polls scheduled to be held on May 12.

A three-judge Bench headed by Chief Justice of India Dipak Misra warned the Centre that it was in “sheer contempt” of its February 16 order which required it to frame the Cauvery management scheme on river water sharing between four southern riparian states.

“You (Centre) are in sheer contempt,” the Bench said after senior counsel Shekhar Nafade, representing Tamil Nadu, alleged that the non-framing of the scheme went against the court’s verdict.

“We do not want to come back to square one. Once the judgment has been delivered, it has to be implemented,” the Bench said.

The order asking the Union Water Resources Secretary to appear before it on May 14 was passed after Tamil Nadu objected to Attorney-General KK Venugopal seeking further time on behalf of the Centre to file the draft scheme.

Nafade sought initiation of contempt proceedings against erring central government officials. Nafade told the Bench that the Centre was not interested in implementing the order.

On behalf of the Centre, Venugopal sought time till May 16, saying it was a sensitive matter which could potentially lead to violence. He gave the example of the top court’s verdict on the SC/ST (Prevention of Atrocities) Act, which had led to violence that claimed nine lives.

The Bench, which also included Justice AM Khanwilkar and Justice DY Chandrachud, said the Centre could not abdicate its responsibility.

Venugopal told the Bench that the Cabinet had not been able to meet to approve the draft scheme as most of the ministers, including the Prime Minister, were busy with poll campaign in Karnataka. It would be placed before the Cabinet soon, he added.

The top court had in its February 16 verdict asked the Centre to frame the Cauvery management scheme creating the Cauvery Managament Board in six weeks for release of water from Karnataka to Tamil Nadu, Kerala and Puducherry. The deadline cannot be extended, it had said.

The court had asked the Centre to formulate a scheme to ensure compliance of its judgement on the decades-old Cauvery dispute and had modified the Cauvery Water Disputes Tribunal (CWDT) award of 2007 and made it clear that it will not be extending time for this on any ground.

The court had also raised the 270 tmcft share of Cauvery water for Karnataka by 14.75 tmcft and reduced Tamil Nadu’s share, while compensating it by allowing extraction of 10 tmcft groundwater from the river basin, saying the issue of drinking water has to be placed on a “higher pedestal”.