Cauvery delay upsets Supreme Court, Centre blames polls

New Delhi: The Supreme Court on Thursday took strong note of the delay in framing of the Cauvery management scheme even as the Centre blamed Prime Minister Narendra Modi and other Union Cabinet minister’s pre-occupation with Karnataka Assembly polls for its inability to draft a formula by for river water sharing between four southern states.

Counsel for Tamil Nadu accused the BJP-led Central government of playing politics, saying it is more worried about BJP’s poll prospects in Karnataka than following the apex court order even as the apex court assured distressed Tamil Nadu that it will get water before May-end whether the Cauvery “board is formed or not”.

Giving reasons for the delay in implementation of the apex court’s February 16 judgment for release of water by Karnataka as per the Cauvery tribunal award, attorney-general K.K. Venugopal told a bench, headed by Chief Justice Dipak Misra, “We are in a difficult position. We could not finalise the scheme within the time limit of May 3. The scheme has to be approved by the Union Cabinet and since Prime Minister Narendra Modi and other ministers are travelling the scheme could not be finalised.”

Mr Venugopal said, “The Karnataka chief minister had written a letter on April 26 suggesting that the authority under the scheme should include irrigation ministers of the four states. Therefore, there is confusion in farming the scheme. Please give us 10 days and have the case listed on May 15 or 16 after the polls.”    

The CJI said, “Mr Venugopal the scheme has to be finalised by the Centre and it should have been finalised by now. The states have no role in it.”

The bench, including Justices A.M. Kanwilkar and D.Y. Chandrachud, directed the Centre to file an affidavit by May 8 explaining the steps it has taken to frame the scheme and also asked the Karnataka government’s counsel to take instructions on release of 4 tmcft of water to Tamil Nadu before the end of May.

On April 9, the apex court had granted time to the Centre till May 3 so as to ensure that a mechanism is put in place before June when the release of water as per tribunal directions will really come into effect. At that time the court had turned down the Centre’s request to grant three months’ time for implementing the scheme in view of Karnataka Assembly polls on May 12. 

Senior counsel Shekar Naphade and counsel G. Umapathy for Tamil Nadu took strong exception to the AG’s submission and said that the Centre was playing politics to favour the BJP’s fortune in Karnataka state and is taking a brazen partisan attitude in support of the poll-bound state.

When Mr Naphade submitted that they are worried about electoral fate in Karnataka, the CJI quipped that the Centre’s stand is a reality.

Mr Naphade said, “The Centre does not want to frame the scheme before the elections on May 12. If you allow this to happen, there will be nothing left of the rule of law and co-operative federalism.”

“The Supreme Court passed its Cauvery judgment in February and we have still not been able to get water. Summer temperatures are rising. There is no drinking water. It is time for you to call a spade a spade,” he said.

Mr Umapathy added that as per the tribunal’s award Tamil Nadu was to get 2.5 tmcft of water in April and 2.5 tmcft in May but so far it has received only one tmcft. This was countered by senior counsel Shyam Divan and Mohan Katarki, appearing for Karnataka, who said water has been released to Tamil Nadu as per the distress formula.

The CJI made it clear to Karnataka “be ready to release 4 tmcft of water to Tamil Nadu by the end of May for drinking water purposes. We have given priority to drinking water and this order must be complied with. Otherwise you will have to face consequences and your Chief Secretary must be present in the court.”