Bengaluru: The Karnataka government’s decision to go by popular sentiment overruling the advice of its advocates like Fali S. Nariman to deal with the ongoing Cauvery crisis seems to have boomeranged. As a result, the state is on the verge of losing the apex court’s trust which is likely to cast a shadow on the main petition of the state challenging the final order of the Cauvery river water tribunal, which is due to come up for hearing on October 18.
The division bench of the Supreme Court discussed in detail the communication between CM Siddaramaiah and Karnataka’s counsel, Fali S. Nariman which seems to have set the tone for the order that Karnataka should release 6,000 cusecs daily for six days to TN. In reply to Mr Siddaramaiah’s letter to Mr Nariman explaining why he could not release water to Tamil Nadu, Mr Nariman wrote back to Mr Siddaramaiah saying the state must obey the order and he and the legal team, as officers of the court, cannot defend the act of disobedience based on a political decision as stated by Chief Minister in his letter. Justice Dipak Misra appreciated the stand taken by Mr Nariman during the hearing and came down heavily on Karnataka while passing the order.
The facts pertaining to inflow into four reservoirs and total storage may not substantiate Karnataka’s argument that it is struggling hard to meet the drinking water requirements of Bengaluru, Mysuru, Mandya and several villages in the Cauvery basin.
In hindsight, with 32.08 tmcft water in its reservoirs and an inflow of over 10,000 cusecs on Friday, the state could have easily averted the crisis by adhering to the September 27 order to release 6,000 cusecs for three days.
On September 27, the court was considerate towards Karnataka in spite of the state legislature passing a resolution reserving water for drinking only. By releasing 1.5 tmc of water, it could have tried to win the confidence of the court.
Friday’s happenings should be enough to make the ruling Congress, Bharatiya Janata Party and JD (S) rethink their strategy. While the Janata Dal (Secular) played the jingoistic card, the BJP failed to skilfully craft a rear guard strategy through the Union water resources ministry.
The Congress and the government tried to drag Prime Minister Narendra Modi into the controversy so that if it had to release water to Tamil Nadu, it could easily pass on the blame to the Prime Minister.
However, with the Supreme Court sounding a warning on Friday that “Karnataka shall not be bent upon to take an obstinate and stand of defiance as one does not know when wrath of the law will fall upon them”, the strategies of all three parties seem to have gone awry.
Though the SC order is premature, the direction to constitute CMB is a healthy development. With this, an independent authority can help the SC pass further orders on the ‘fair ability’ of water. In my personal view, people in TN are not going to die if water is not released. In that sense, the order to release water is premature. However, since SC, on an emergency basis, has ordered the Centre to constitute CMB seeking a report, we can expect the court to be more considerate while passing orders in the future by considering the factual report which will be placed by an independent authority. Howsoever, the SC could have waited till the report of the authority before passing its order – Justice M.F. Saldanha, Former Karnataka High Court Judge
It sounds like a prejudged order. The SC should have heard in detail Karnataka’s argument. According to me, the state has failed to make SC understand its position with regard to water level and our advocates too failed to make it understand with a detailed technical report. It is well settled by Article 262 that water disputes have to be decided by Tribunals and not by any court. On formation of CMB, the matter is pending before the three-judge bench and the two-judge bench should not have passed such a direction. It may not be desirable to seek the change of the two-judge bench now. The best thing the state can do is to approach the three-judge bench to hear the matter and seek to keep the two-judge bench order in abeyance till it decides on the matter.– M.T. Nanaiah, Senior Advocate
Blame Nariman for setback: BS Yeddyurappa
State BJP president B.S. Yeddyurappa on Friday alleged that senior counsel Fali S Nariman’s silence in the Supreme Court during a hearing on release of Cauvery water to Tamil Nadu resulted in a setback for Karnataka.
In a statement here, he said Mr Nariman and his team failed to draw the attention of the bench consisting Justices Dipak Misra and U U Lalit that the question of establishment of the Cauvery Water Management Board was being heard by another bench of the apex court. It was deplorable and unexplainable that the lawyers failed to even mention it, and their conduct was shocking and disappointing, he added.
He said leaders of his party were repeatedly demanding that the state move an application that the Cauvery dispute should be heard by another bench, but the government did not pay heed to it. This resulted in an order detrimental to the interests of Karnataka. “We will, however, continue to support the government as long as it is committed to protect the interests of farmers and those who depend on Cauvery for irrigation and drinking,” he added. He said Union ministers H.N. Ananth Kumar and D.V. Sadananda Gowda, Shobha Karandlaje, MP, leader of Opposition in the Assembly Jagadish Shettar and himself had met Union water resources minister Uma Bharti and explained in detail the precarious condition in the Cauvery basin. The delegation of BJP leaders appealed to her to send a team of experts to study the ground situation, but the suggestion was rejected by TN.
