Punjab seeks recall of HC’s May 6 order on additional water to Haryana

Punjab today moved the Punjab and Haryana High Court for recalling or modifying the May 6 order in the “BBMB case”. Among other things, the court had directed the state to abide by a decision taken during a meeting chaired by the Union Home Secretary.

The state, through senior advocate and former Advocate-General Gurminder Singh, contended that the Union of India submitted before the Bench on a previous date of hearing that a meeting was convened on May 2 under the Union Home Secretary on the release of extra 4,500 cusec water to Haryana. A press note in that regard was also placed on record.

The court, on May 6, was given the impression that the meeting was held on the issue of extra water release, but there was no specific agenda. Taking up the matter, it directed the state on that date to abide by the May 2 meeting decision. The direction, however, was passed as a result of completely erroneous, factually incorrect and legally unsustainable submissions by the BBMB, Haryana and the Union of India.

The correct facts came to light when the Union of India produced before the court a letter dated May 9, along with undated record of discussions of the May 2 meeting. It was apparent that the Union Home Secretary was not competent to decide the issue regarding the allocation of water. The minutes were also not circulated among the states concerned before May 9.

“It is amply clear that the direction is based on non-disclosure of true facts by the parties concerned. It was causing undue harassment and irreparable loss to the state… Once it is admitted that the Home Secretary is not competent to take a decision under the relevant rules, the state is not legally bound to comply with the direction,” the petition said.