The Supreme Court on Tuesday held the Centre to be in “sheer contempt” of its order directing it to constitute the Cauvery Management Board for distribution of water between Karnataka and Tamil Nadu and summoned the Water Resources Secretary to come to court with the final scheme framing the Board on May 14.
The bench headed by CJI Dipak Misra clarified that the summoning order had nothing to do with contempt. It said, “We have directed for personal appearance of the Secretary so that the authorities under the Scheme can implement the judgment passed by this Court as the same has the status of the decree.” The order was passed in a contempt petition moved by Tamil Nadu which accused Centre of not complying with the directions passed by the apex court in February 2018.
The order by the Court came as a relief to the Centre which realised that the issue of Cauvery is a political hot potato and a decision either way could influence politics in Karnataka where polls are due on May 12. Attorney General KK Venugopal who appeared for Centre informed the bench, also comprising Justices AM Khanwilkar and DY Chandrachud, that the draft scheme is ready but could not be finalised as Cabinet is yet to meet. He cited the Karnataka elections as the reason for seeking further time till May 16.
Tamil Nadu counsel senior advocate Shekhar Naphade hotly contested the delay on part of Centre and suggested Court that its time some persons are sent to jail for contempt. The bench observed, “No doubt they (Centre) are in sheer contempt of our orders.” A-G said that for the present, Court has ordered release of water by Karnataka to TN which can take care of their water needs for the present. Naphade termed this argument to be yet another “device” for not providing water to TN.
The bench said, “We do not want to get back to square one. Once we have delivered judgment it’s for Centre to implement and with the scheme in place, the matter gets over.”