HC refrains from contempt notice to Punjab CS, DGP amid cross-border tension

Amid cross-border tension between India and Pakistan, the Punjab and Haryana High Court has refrained itself from issuing contempt notice to the Punjab Chief Secretary and Director-General of Police for alleged non-compliance of its directions restraining interference in the Bhakra Nangal Dam and Lohand Control Room’s operations.

The two have been directed to submit replies after identifying police personnel involved in restraining BBMB chairman and functionaries from discharging their official duties. The Bench also reiterated that its May 6 order must be complied with as it had not been challenged by the State.

Among other things, the court on May 6 had directed the state and its functionaries – including police personnel – not to obstruct BBMB's day-to-day functioning and to abide by a decision taken in a meeting held under Union Home Secretary’s chairmanship on May 2.

Additional Solicitor-General Satya Pal Jain’s stand in the matter was that the release of extra water was discussed in the May 2 meeting referenced in the earlier order and reflected in a press note issued the same day. Punjab, on the other hand, had been insisting that the Bench was given the impression that decision was taken to release 4,500 cusecs of extra water to Haryana, but that was not the case. The May 2 meeting  dealt with law and order issues and had no bearing on water allotment.

The Bench observed senior advocate Gurminder Singh appearing for Punjab in his “inimitable persuasive style” had attempted to convince the court that the Union Home Secretary was not the competent authority to deal with the matter.

“The contention may or may not be true. But the fact remains that this court is looking at the issue from the limited scope available under the contempt jurisdiction. If the order dated May 6 directed the State to abide by the decision of the meeting held on May 2 and not to interfere in the day to day functioning, operation and regulation of Bhakhra Nangal Dam and Lohand Control Room Water Regulation Offices, then so long as the order dated May 6 stands and is not disturbed by any higher forum or this court, it’s veracity and justifiability cannot be gone into,” the Bench added.

Referring to an affidavit filed by BBMB chairman Manoj Tripathi stating that he and the directors were obstructed by the police personnel in discharging their duties, the Bench asserted prima-facie it direction was not complied with.

“We are not for the time being impleading the Chief Secretary as well as the Director General of Police, Government of Punjab, as party since the real contemnors are yet to be identified. Thus, only notice to these two officers is being issued to file their replies disclosing the identities of real contemnors,” the Bench asserted.