Tamil Nadu sees BJP decision as politically motivated

Chennai: The BJP’s hopes of returning to power in Karnataka, which goes to Assembly elections in less than two years, and intense lobbying by Union Ministers from the state are understood to have pushed the Narendra Modi Government to take a U-turn in the Supreme Court on the setting up of the Cauvery Management Board.

The newfound bonhomie between Prime Minister Narendra Modi and former Prime Minister Deve Gowda, who still calls himself a “humble farmer”, could also have played a role in the Centre’s volte-face on the sensitive issue, which is judicially significant since just a few days ago the top law officer of the Union Government in the Attorney General gave an assurance to the top court that such a mechanism would be set up within the stipulated period.

 The Deccan Chronicle has reliably learnt that the Union Government’s line, which was articulated in the apex court by AG, Mukul Rohatgi, in the form of an affidavit on Monday, was decided at a late night meeting Prime Minister Narendra Modi had with his senior cabinet colleagues over the weekend.

He told the AG that the Centre’s understanding of Article 262 was wrong as the embargo related to only original disputes and not to final awards of the Tribunal.

Strongly disputing the AG’s submission, senior counsel Rakesh Diwedi said, “How can Article 262 take away a State’s right to file an appeal under Article 136.

The bar under Article 262 is confined to only private parties in original disputes.” Senior counsel Shekhar Naphade for TN also questioned the urgency to hear this matter when the case is to come up for hearing on October 6. He informed the court that Karnataka has not complied with the order passed on September 30 and not a drop of water has been released.  “We have no sense of urgency, we have now learnt to protect our interests,” Mr Naphade said.

When Justice Misra asked Karnataka state counsel, Raghupathy, “Have you released water?”, he said since the state had filed a review petition, no water has been released. Justice Misra told the counsel, “There is no compliance from your side and you file this review? There should have been some compliance”. The Bench, however, posted the Centre's application for hearing on October 4.

In its application, the Centre said the Final award of the Cauvery Tribunal recommended setting up of a Cauvery Management Board on the lines of Bhakra-Beas Management Board.  It said setting up of a Board is a part of legislative exercise. Questioning the correctness of the order passed by the apex court, the Centre said by setting up of a Board of this nature, the Central Government is denuded of its power under the Inter State Water Disputes Act of 1956 to frame a scheme based on an award which goes through a legislative process by placing thereof before the Parliament and final say is vested in the Parliament.

The application said it may not be appropriate for the Court to pass an Interlocutory Order of this nature when the appeal is pending disposal before a bench of three judges, the Centre said and pleaded for recall of the order passed on September 30. The Centre wanted to set up a technical committee which will submit its report in 30 days after assessing the ground realities.