NEW DELHI: The Supreme Court ordered Karnataka to continue releasing 2000 cusecs of Cauvery water every day to Tamil Nadu until further orders. A bench led by Justice Dipak Misra, also directed both the states to ensure peace and harmony, adding that people should not be allowed to become law unto themselves.
"We are not going to modify our order. We will continue with the order for releasing of 2000 cusecs of water," said the bench. It took exceptions to reports of agitation in several parts of Tamil Nadu and Karnataka, and told the counsel, "Please tell your executives and citizenry to follow the order. Common sense must prevail... The state of Karnataka is complying with the order and is bound to comply with it. Mutual respect towards each other and property must be maintained." Both the states in question have been in locked horns situation with Karnataka saying it has complied with the order for releasing water from October 7 to 18, while Tamil Nadu contending that it was still in dire need of water.
Appearing for the Centre, Attorney General Mukul Rohatgi submitted a report of the technical committee headed by Central Water Commission chairman GS Jha. He pointed out that both the states are in dire need of water. Senior advocate Fali S Nariman, representing Karnataka, sought time to respond to the report, while senior advocate Shekhar Naphade, appearing for Tamil Nadu, submitted that the state was in deficit of 11 TMC feet water. Rohatgi questioned the maintainability of the appeals against the Tribunal's order, saying once it is published, it is akin to the Supreme Court's order, which cannot be assailed.
The AG cited Article 262 (1) and (2) of the Constitution, contending the power of SC is eclipsed after the Tribunal formed under the Inter-State River Water Dispute Act, 1956, has adjudicated over the issue. However, Nariman contended that the state filed its appeal against the Tribunal's order in 2007 before it was publised on February 19, 2013. The bench said the power of judicial review cannot be taken away. The hearing will continue this week.
