In a swift move, the Congress Government led by Chief Minister Siddaramaiah has convened a one-day special session of both the Houses of the legislature on Monday to take a call on SC directive to release water to Tamil Nadu.
After a Cabinet meeting and an all-party meeting, Siddaramaiah said both the Houses of the legislature would take a decision to release water to Tamil Nadu as directed by the SC. Even though the directive of the SC on Friday asking Karnataka to release 6,000 cusecs of water with a warning to face the wrath of the law, Siddaramaiah has taken refuge in legislature which had passed an unanimous resolution to release water only for drinking purpose to Bengaluru and other cities and towns from its four Cauvery basin reservoir. The State also opposed to formation a Cauvery Water Management Board (CWMB) as directed by the SC.
He said, “All-party meeting has told us not to release the water. We have to go back to the legislature,” Siddaramaiah said, adding “as far as release of water(is concerned), we will go back to the Assembly on Monday.” He emphasised that a special session of both the Houses of the State legislature had on September 23 mandated through a resolution that water should be used only for drinking purpose, and not be spared for any other use.
Siddaramaiah said the State would also question the formation of the Water Management Board, for which the Supreme Court had set 4 pm on Sunday as the deadline for the riparian States to give the names of their representatives. “That we are questioning. That is why we are filing the review petition on Monday.”
“We have not defied the orders of the Supreme Court... There is no willful disobedience or deliberate disobedience,” Siddaramaiah said, adding the legislature session was binding on the Government.
Siddaramaiah said there was a demand for release of water to save standing crops in the Cauvery basin but a decision on that too had to be taken by the legislature, which had earlier decided that water should be used only for drinking purpose.
He said, “Our argument since the beginning is that Management Board cannot be created. Since the final award (Cauvery tribunal’s) came on 5 February, 2007, we have been saying that Management Board cannot be created.”
He also said on 18 October the SlP by Karnataka challenging final award of the Cauvery tribunal was coming up before the court’s three-judge bench. “There it will be decided, because Tamil Nadu’s Interlocutory Application has said this application can be heard along with main petition.”
“They (TN) have said that three-judge bench can decide on it(the Board), but here two-judge bench has done this. There was no prayer either by Tamil Nadu or by Karnataka. Also, notices were not issued to Kerala and Puducherry (riparian states). In their absence, this order has been passed.”
“So according to me it is a defective order. That is why we have decided to file a review petition. Most likely on Monday we are filing the review petition.”
He said procedures under the Inter-State Water Dispute Act, 1956 had to be followed and the issue has to be placed before Parliament. After the scheme is drawn in Parliament, the States have to send nominees for the Board to the Water Resources Ministry. “This is the legal position.”
Asked who will represent Karnataka in the Supreme Court as Fali Nariman has withdrawn, Siddaramaiah said, “If Nariman does not agree, we will engage some other advocate.”
According to Congress sources they are looking at Kapil Sibal, or Abhishek Manu Singhvi to replace Nariman who declined to argue for the State.
“We should not obey the Supreme Court order at any cost as it is unimplementable. The House(legislature) decision should be upheld. Government should stick to the decision,” Opposition leader in the Assembly Jagadish Shettar of the BJP said. He said BJP was opposed to formation of Cauvery Water Management Board. JDS leader YSV Datta said the State should not release 6,000 cusecs as directed by the apex court “at any cost”. “Whatever may be the consequences, we will all face it together. We are with the Government,” he said.