SC talks tough on Cauvery

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Press trust of india
New Delhi, Sept 27: The Supreme Court Tuesday asked Karnataka to release 6,000 cusecs of Cauvery water in the next three days despite the unanimous assembly resolution that it cannot spare for Tamil Nadu and called for a political solution to the “impasse” by convening of a meeting of the Chief Ministers of both states and the Centre.
“We direct the state of Karnataka to release 6000 cusecs of water from Wednesday, September 28, 2016. We are sure that the state of Karnataka shall obey the order without any kind of impediment, obstruction or any other attitude till we take up the matter on September 30,” a bench of Justices Dipak Misra and UU Lalit said.
The court said the water released so far will be adjusted in the “eventual adjudication” and Tuesday’s order should be complied with “despite the resolution that has been brought on record”.
“We have issued this direction keeping in mind the deliberation that has taken place and, therefore, we think it appropriate that the state of Karnataka shall follow the order passed by us,” the bench said.
“We ingeminate and repeat at the cost of repetition that the direction for release of water has been passed for the coming three days despite the resolution passed,” it said.
During the hearing, Nariman came out with all guns blazing, saying “we simply cannot comply with the directions. We accede to the prayers of Tamil Nadu and we should not be heard till end of the (monsoon) season.”
The bench said it will hear the state and then asked Karnataka whether the order would be complied at the end of the season.
“Only God knows” was the response of Nariman who said it depended on how much rain the Cauvery basin received due to the north-eastern monsoon.
In its plea before the apex court Monday, Karnataka had sought modification of its order asking it to release 6,000 cusecs of Cauvery water to Tamil Nadu, saying it could release the water only by the end of the year, as it first needs to provide for its own state for drinking purposes.
The Karnataka Assembly had last week passed a unanimous resolution during a special session directing the state to release the water only for drinking purposes to Bangalore and regions surrounding Cauvery basin.
The bench said that it is not the case that this court “cannot adjudicate or pass appropriate orders in accordance with law”.
“We have asked for this not because this court cannot adjudicate or pass appropriate orders in accordance with law to maintain and sustain the rule of law and majesty of law which are vital to our constitutional law, but prior to that we have thought it appropriate that there has to be discussion” giving regard to the conceptual federalism prevalent in “our democratic body polity”, it said.