Cauvery water row: Don’t invite wrath of law, Supreme court warns Karnataka

Fali S Nariman withdraws as Karnataka counsel, citing its refusal to comply with the court's earlier orders.

Written by Utkarsh Anand | New Delhi | Published:October 1, 2016 4:05 am
Supreme Court, SC, liquor ban, BJP leader plea, plea on nationwide liquor ban, Ashwani Upadhyaya, SC news, India news, latest news, Indian express Supreme Court. (File Photo)

Warning the Karnataka government against the “wrath of law”, the Supreme Court Friday directed the state to shed its defiance and release 6,000 cusec (cubic feet per second) of Cauvery river water to Tamil Nadu every day from October 1-6.

Despite the court directives on September 6, 12, 20 and 27, Karnataka has failed to release water to the lower riparian state.
“Unfortunately, the state of Karnataka is flouting the order and, in fact, creating a situation where the majesty of law is dented… Karnataka should not be bent upon maintaining an obstinate stand of defiance, for one knows not when the wrath of law shall fall on one,” said a bench of Justice Dipak Misra and Justice Uday U Lalit.

The court took umbrage at the fact that Karnataka did not release water although it had been ordered it to do so irrespective of the resolution by the state legislature against it.

“We repeat at the cost of repetition that we are passing this order despite the resolution passed by the Joint Houses of State Legislature of the State of Karnataka… We are sure that Karnataka, being part of the federal structure of this country, will rise to the occasion and not show any kind of deviancy and follow the direction till the report on the ground reality is made available to this court,” it said.
The court further asked the Union government to set up by October 4 the Cauvery Management Board, which will make assessment of ground realities in the river basin areas and report back to the court by October 6.

Meanwhile, Attorney General Mukul Rohatgi informed the bench about the impasse, and said no breakthrough could be achieved in the meeting chaired by the Water Resources Minister and attended by the Karnataka chief minister and the Tamil Nadu PWD minister.

Rohatgi agreed to the court’s suggestion to constitute the Cauvery Management Board, as directed by the Cauvery Water Dispute Tribunal, by October 4. The bench directed Karnataka, Tamil Nadu, Puducherry and Kerala to nominate their members to the board by Saturday.
On his part, Tamil Nadu’s counsel, senior advocate Shekhar Naphade, said, “We are not saying yes or not to any order of the court. We have been treated shabbily. Any order passed by the court is not going to be obeyed by Karnataka.”

Karnataka’s counsel, senior lawyer Fali S Nariman, also apprised the bench of his communication with Chief Minister S Siddaramaiah wherein the jurist has impressed upon the state to honour the court order and release the water. In response to Siddaramaiah’s inability to do so, Nariman said he would not be able to make any submission on behalf of the state in the court.

At this, the bench said, “We must appreciate the stand taken by Nariman. This behoves the officer (all lawyers are treated as such) of the court in light of the tradition of the bar.” The court will hear the case next on October 6.

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  1. S
    Sivaraman
    Sep 30, 2016 at 10:29 am
    Uma Barathi has become the new Supreme Court of India. She is not just above law, she is above consution.
    Reply
    1. V
      Vaijayanthi
      Sep 30, 2016 at 10:31 am
      RAW conspiracy to divide peaceful people of TN and peaceful people of Karnataka. Supreme CORRUPT is just a tool.
      Reply
      1. V
        Vaijayanthi
        Sep 30, 2016 at 10:33 am
        Supreme CORRUPT is like a monkey between cats.
        Reply
        1. I
          IML sood
          Sep 30, 2016 at 11:27 pm
          Many comments here smack of the will of defiance of SC orders which is not a healthy trend as the highest court of the country is wise enough to consider pros and cons of the situation before any orders are issued. These orders are to be implemented by all states in the country without any reservations.
          Reply
          1. S
            Srividya Jayaraman
            Sep 30, 2016 at 10:52 am
            Karnataka is a federal state. Every federal State has to obey the SC order.
            Reply
            1. S
              Srividya Jayaraman
              Sep 30, 2016 at 10:50 am
              People of TamilNadu should.protest to .stop.supplying electricity to.Karnataka. Your so called IT Hub Bengaluruwill.be nowhere.
              Reply
              1. S
                Srividya Jayaraman
                Sep 30, 2016 at 5:02 pm
                People.Like you will.run to other state especially to Mumbai like a Bihari
                Reply
                1. S
                  Srividya Jayaraman
                  Sep 30, 2016 at 10:46 am
                  River is a natural resources and TamilNadu is down below unfortunately. If TamilNadu is beghar it also.refers.to Karnataka who also be problem within kporg.Goa and Maharashtra. First go and stop.begging from.Karnataka and Maharashtra.
                  Reply
                  1. S
                    Srividya Jayaraman
                    Sep 30, 2016 at 10:44 am
                    The water is real to Cauvery and SC is right in imposing the Cauvery Management board who will.go and check the ground reality
                    Reply
                    1. S
                      Srividya Jayaraman
                      Sep 30, 2016 at 5:04 pm
                      Whatever may be they have to obey the SC order. Tomorrow even a terrorist or a mafia may refuse to listen to the SC.order which may be dangerous.
                      Reply
                      1. Z
                        Zubaida
                        Sep 30, 2016 at 6:33 pm
                        I hope the apex court shows same courage to punish salman khan
                        Reply
                        1. S
                          Suraj V
                          Sep 30, 2016 at 11:37 am
                          It's not ryt wat the supreme court has ordered....our ppl have done strike by putting mud in there mouth..they are frustrated...about it.save water at least for our own farmers...if they suffer we will suffer a lot than them in future...#savewater#
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                            Anonymous
                            Sep 30, 2016 at 6:32 pm
                            You guys, whatever your names are, Lalit and Uday don't deserve to sit in that honorable seat when you can't see the plight of us Karnataka people. Please do check the photographs of how our reservoirs are right now. We don't have enough water for even a month and you still want us to release water? Why don't you check how much water TN has in their reservoirs and get your facts right? And as for Nariman, here's a piece of advice bro, you should quit this job and sit at home. Not fit to fight in a court. Never have you ever got a decision so far in our state's favour and yet you charge so incessantly. It's our money, our hard-earned money that we pay as tax that is paid to you. And about the Cauvery Management Board, it's from our taxes that they've built the reservoirs. Why should the Centre or a panel which has other states' representatives control them? It's our dams. It's our money that has been used to build the dams.
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                              Abbiya
                              Sep 30, 2016 at 12:46 pm
                              Corruption corruption corruption
                              Reply
                              1. A
                                abhinav
                                Sep 30, 2016 at 11:10 pm
                                arrogant words by judges...what about judicial reform..??...so much corruption in judiciary ...why they never talk about corruption in judiciary ....lt;br/gt;lt;br/gt;karnataka can not give water...if they ,people of karnataka will die coz no water will be available for drinking...i think CM id taking side of people...he is very courageous ...karnataka's people are lucky to have such brave CM...
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                                  Ajay
                                  Sep 30, 2016 at 10:25 am
                                  Why dont TamilNadu agree for survey from technical expert committee to ess water availability? Let the facts come out and SC can take the call. First priority is drinking water, then crops and industries next
                                  Reply
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                                    anantha gureunathan
                                    Sep 30, 2016 at 1:28 pm
                                    good even the lawyer runs away. jai karnataka
                                    Reply
                                    1. A
                                      Arumugam Arun
                                      Oct 1, 2016 at 7:26 am
                                      Why Karnataka Government didn't obey the supreme Court order means apart from and beyond political reasons, the kannadigas in general more jealous over Tamils and they are not interested to develop the TamilNadu state.And hence the kannadigas indulge violence with intention over Tamils.The Supreme Court should keep this point in their mind and order.lt;br/gt;Thanks.
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                                        Raj
                                        Sep 30, 2016 at 10:25 am
                                        Because there isnt enough water for us. Period. Stop being a pest with all your neighbors. If its not Mullaperiyar issue with Kerala then you have Cauvery with Karnataka...or else Krishna with Andhra. Heights of begging !
                                        Reply
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                                          Bijan Mohanty
                                          Oct 1, 2016 at 5:57 am
                                          Karnataka should release the water and then file objection if it so feels. Because of their irresponsible atude, Congress is being kicked out everywhere.
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                                            Mohammad Bin Tughlaq
                                            Sep 30, 2016 at 9:50 am
                                            This is turning very interesting. Now what SC will do?
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