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SC flays Karnataka for disobeying
its order

A three-judge bench comprising Chief Justice B N Kirpal, Justice Y K Sabharwal and Justice Arijit Pasayat, said, "If the state governments played to emotions of the people and violated court orders then God help this country."

Indicating that in the Ayodhya case also the court's orders were not implemented, which led to the demolition of the disputed structure, the bench said, "There are a lot of cases where emotions can be aroused. But it will be unfortunate if the states come and say that they cannot implement the court orders..."

Tamil Nadu had filed the contempt petitions because of alleged violation of Supreme Court orders of September 3 and October 4 directing Karnataka to release water as per the Cauvery River Authority's order of September 8.

The counsel for Karnataka, Anil Diwan, said the S M Krishna government had released as much water as possible, but suicide by farmers and riots prevented it from implementing the apex court's order. He said it was not wilful disobedience of the court.

The bench replied, "If an elected government says because of law and order problem it cannot comply with the Supreme Court order, let it go. You [Karnataka] have come to that."

"These manmade situations to flaunt court order should stop. You get political mileage out of it."

Expressing unhappiness that instead of approaching the court and asking for indulgence, Karnataka had tried to "mislead", the bench asked, "For what purpose you [Chief Minister S M Krishna] had undertaken the padayatra. What was the unanimous resolution of political parties there -- don't release water."

"What happened to Article 144 [of the Constitution]," the court asked. Under the article all authorities, civil and judicial, must act in aid of the Supreme Court.

"We dare say that the Union government has not covered itself with glory. It was their duty as well to see the orders were complied with. They had sufficient powers to do so. No one has covered itself with glory," the bench said.

"You [Karnataka] have no regard for Supreme Court orders. We are of the view that there is a wilful non-compliance of the order and it is deliberate," the court said.

Asked why the Centre did not take any steps, Solicitor General Harish Salve told the court, "If [the] Union of India is directed to ensure compliance with the directions, we will take steps accordingly. But taking steps suo motu will be difficult."

The bench then asked the Karnataka counsel to show the bona fide of the chief minister and the state in implementing the earlier orders of the court regarding release of Cauvery waters.

The bench termed Karnataka's conduct in the whole affair as "bad"

Appearing for Tamil Nadu, senior advocate K K Venugopal said Karnataka, by not obeying the orders, had perpetrated a constitutional crisis.

"The state should not only pay punitive damage, but those who disobeyed the orders should be punished for contempt," he said.

Tamil Nadu had assessed damage to its crops due to non-release of water by Karnataka at over Rs 2900 crore.

PTI

Cauvery Water Dispute: The Complete Coverage

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