New Delhi: Observing that the Centre was in “sheer contempt” for not framing a scheme on sharing of Cauvery water among the four riparian states of Tamil nadu, Karnataka, Kerala and Union Territory of Puducherry, the Supreme Court on Tuesday summoned the water resources secretary on May 4.
A three-judge Bench of Chief Justices Dipak Misra and Justices A.M. Kanwilkar and D.Y. Chandrachud refused to accept the submission of Attorney General K.K. Venugopal that the scheme was ready and would be placed before the court after it is approved by the Union Cabinet which would be done expeditiously.
The Bench told the AG that once the judgment has been delivered, it has to be implemented. It is the obligation of the Centre to put in place a scheme by now as per the February 16 judgment. The CJI said “not doing so is a sheer contempt of this court. We want the union water resources secretary to personally appear in the court on May 14 and he will come with a draft scheme to give effect to the judgment.” The AG said the Centre was seeking time in view of the fact that the Union cabinet has not met due to the ongoing campaigning for the Assembly polls in Karnataka. He cited the recent agitation across the country on the judgment relating to SC/ST atrocities prevention act and said this had resulted in loss of nine lives. “We don’t want a similar situation to happen in a poll bound state”, he added and said it was upto Karnataka to release four tmcft of water.
The Bench in a brief order said “Regard being had to delay, we direct the secretary, ministry of water resources, river development & ganga rejuvenation, government of India, to remain personally present with the draft Scheme, as directed by this Court in the judgment, before this Court at 10.30 am on 14th May. We have directed for personal appearance of the aforesaid secretary so that the authorities under the scheme can implement the judgment passed by this Court as the same has the status of the decree.”
Senior advocate Shekhar Naphade, appearing for Tamil Nadu, opposed the AG’s plea and said, “This is the fit case for contempt. Somebody has to be sent to jail, only then they will realise the problem of the state.”
