Karnataka files review petition against series of SC orders

Bengaluru: The state government has filed a review petition before the Supreme Court challenging the series of orders  passed by it on September 20, 27 and 30 directing Karnataka to release various quantities of Cauvery  water to Tamil Nadu and asking the Centre to constitute a Cauvery River Management Board (CRMB). The petition is likely to come up for hearing on October 3.

In its petition the state has argued that only the Parliament can constitute the CRMB and the Supreme Court cannot interfere in the matter. It backed its argument by referring to section 6A (7)of the Inter-State Water Disputes Act,1956, which made it clear that constitution of a scheme or any regulation of a tribunal order could only be done by Parliament and also to section 6A and its subsection 7, which stated that the Supreme Court could not encroach on the legislative powers of the Centre.

The state has also pointed out that its main civil appeal challenging the tribunal order on release of water to Tamil Nadu is slated to come up for hearing before a three member bench of the Supreme Court on October 18.

And recalling that the bench in question had directed the Centre to constitute an adhoc  Cauvery Supervisory Committee (CSC) till the disposal of this petition, it contended  that the fresh order of the court to  set up a CRMB was contradictory to it. 

Meanwhile, speaking to this newspaper, former Advocate General, B.V. Acharaya said the Attorney General of India should not have agreed to constitute  the CRMB. “Before doing so he should have studied the structure and functions of the board, which is a monitoring body.

The  Cauvery River Regulatory Committee (CRRC) is a functioning body and has to work under it. I think the Centre has made a mistake in agreeing to constitute the CRMB, " Mr. Acharaya said. He was also displeased with the state legal team for backing out from arguing the matter in the Supreme Court on Friday.