Cauvery: SC slams Centre’s inaction
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09/04/2018
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Hindu (New Delhi)
Prove your bona fides, submit draft of water-sharing proposal by May 3, orders the top court
The Supreme Court on Monday rapped the Centre for not framing a water-sharing scheme for the Cauvery and ordered it to prove its “bona fides” by submitting a draft scheme by May 3.
The three-judge Bench led by Chief Justice of India Dipak Misra expressed its disappointment over the Centre’s lack of resolve to play its part in ending the water conflict between neighbours, Tamil Nadu and Karnataka.
A February 16 judgment of the Supreme Court had directed the Centre to frame the scheme by March 29. Yet, on the eve of the deadline, the Centre moved the court for another three months to frame the Cauvery scheme. This would have taken it well past the Karnataka Assembly election scheduled on May 12.
‘You didn’t show resolve’
“You are bound by our decree... you are obliged to frame the scheme. We are surprised that it was not done... We have delivered the judgment after much study and difficulty... yet you did not show the resolve to frame the scheme,” Chief Justice Misra said, addressing Attorney-General K.K. Venugopal, for the Centre.
Tamil Nadu counsel and senior advocate Shekhar Naphade said that, in India, litigation starts after the court decree.
‘It will be binding’
“Absolutely right. Now you [the Centre] must show your bona fides by framing a scheme... you should show respect to the principle of distribution of water... Let the draft scheme be filed before the court... you (the States) can give your suggestions... When the scheme comes into effect, it will become binding,” Chief Justice Misra said.
The court was primarily hearing a contempt petition filed by Tamil Nadu against the Centre. The Bench, also comprising Justices A.M. Khanwilkar and D.Y. Chandrachud, asked the people of Karnataka and Tamil Nadu to maintain peace “so that the court can put its final stamp on the scheme.”
“Please tell your people, when the matter is before us, they must co-operate,” Chief Justice Misra said.
‘Ruling clear’
Mr. Naphade, along with advocate G. Umapathy, replied that the people were only conveying their anguish.
“Your Lordships’ judgment of February 16 is crystal clear. Anyone who understands elementary English will understand it. Yet the Centre says it is not clear,” Mr. Naphade said.
Chief Justice Misra allayed Tamil Nadu’s fears that a draft scheme would provoke another round of litigation while its farmers are suffering. “We will ensure it (scheme) is implemented,” Chief Justice Misra told Mr. Naphade.
Mr. Naphade sought clarity about the setting up of the Cauvery Management Board.