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This is an archive article published on November 2, 2002

SC sets date for Krishna fate

The Supreme Court on Friday deferred its pronouncement on the contempt petition against Karnataka Chief Minister S.M. Krishna till the next ...

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The Supreme Court on Friday deferred its pronouncement on the contempt petition against Karnataka Chief Minister S.M. Krishna till the next hearing on November 15.

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It, however, directed Karnataka to release sufficient Cauvery water to the lower-riparian Tamil Nadu to ensure 9,000 cusecs in the Mettur reservoir till November 6. From the next day onwards, it has asked Karnataka to release water according to the interim order of the tribunal.

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Karnataka authorities have, meanwhile, decided to lift the three-day curfew in Mandya and four other towns tomorrow. Deputy Commissioner K.P. Kaniram said it would be lifted at 6 am but prohibitory orders under Section 144 would continue till November 15.

The order has come just as the CRA order to release 9,000 cusecs elapsed on October 31. The three-member bench of Chief Justice B.N. Kirpal, Justice Y.K. Sabharwal, and Justice Arijit Pasayat said its direction was subject to CRA order or modification. The court asked CRA to consider the shortfall after Karnataka’s failure to obey court and CRA orders, and urged the Centre to convene an early CRA meeting.

The Chief Justice explained that ordering the release of 9,000 cusecs meant Karnataka had to continue releasing 5,000 cusecs according to the interim award of the tribunal, and 4,000 cusecs more to make good the shortfall.

The CRA was told to ensure that Tamil Nadu released proportionate water to Pondicherry after Solicitor-General Harish Salve said the Union Territory’s interest too should be considered.

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The Chief Justice said the bench was looking at the matter from the farmers’ viewpoint. The current North-East monsoon may take care of TN’s samba crop, he said. But since it’s restricted to TN, Karnataka farmers would still need water for their standing crop.

Senior Karnataka counsel F.S. Nariman said the apex court should not make a ‘‘rigid formula’’. As Karnataka was already bound to release 5,000 cusecs, ‘‘please don’t impose further order on me to make good my shortfall’’, Nariman said.

TN senior counsel K.K. Venugopal argued his state would need water for the samba crop till February, and the North-East monsoon would last only till November.

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