It is unfortunate that a dispute has turned into a riot after a bad order of the SC. SC has directed Karnataka government to release 15,000 cusecs of water/day for 10 days, which period comes to an end on 15.09.16. In the modified order, the Karnataka govt has been directed to release 12,000 cusecs of water/day till 20.09.16. In fact, TN was supposed to approach the Supervisory Committee set up to give effect to the implementation of the order dt. 05.02.2007 of the Cauvery Water Disputes Tribunal. But, it seems, since the Karnataka government gave the concession to release 10,000 cusecs/day as a goodwill gesture, the SC went ahead and directed release of 15,000 cusecs/day instead. Nevertheless, while doing so, the SC ended up setting a bad law. If there is a Supervisory Committee to give effect to a particular order of the tribunal, the SC shouldn’t intervene unless it decides issues on merit. The SC directed the TN government to approach the Supervisory Committee within three days, and then directed the Karnataka government to file reply in next three days, and then the Supervisory Committee to pass order on merit in next three days. This very clearly shows that the SC didn’t decide the issues on merit. I think the SC should have stopped at giving directions for proceedings before the Supervisory Committee. It had no jurisdiction to grant interim relief to the Tamil Nadu government sans decision on merit. Anyways, this order of the SC has given an opportunity to the Karnataka government to pressurize the Supervisory Committee not to pass any order adverse to its interest. Some people in media are saying Fali Nariman is to be blamed for giving the concession, but they of course don’t understand the court politics. Kabhi kabhi jeetne ke liye haarna bhi jaroori hota hai!
About the Author
Ankur Mutreja is an advocate-cum-writer, and his blogs are amongst his modes of expression. He has also authored six books: "Kerala Hugged"; "Light: Philosophy"; "Flare: Opinions"; "Sparks: Satire and Reviews"; "Writings @ Ankur Mutreja"; and "Nine Poems"; which can be downloaded free from the links on the top menu.