The Supreme Court on Wednesday warned Punjab that it will not tolerate “flouting” of its order to construct the Satluj-Yamuna link (SYl) Canal and held that the decree of the Supreme Court must be given effect, regardless of whichever political party that comes to power.
The Court’s observation has come at a time when the State is scheduled to go to the polls on February 4 and many political parties in the fray have sought to make high-pitched political statements opposing the SYl project. Dealing with Haryana’s contempt petition against Punjab, the bench of Justices PC Ghose and Amitava Roy said, “We will not allow decree of this Court be flouted in any manner. It is up to you (Punjab) how you give effect to our decree.”
Haryana through its counsel, senior advocate Jagdip Dhankar submitted that once a Constitution Bench of the apex court on November 10, 2016 quashed the 2004 Punjab law seeking to unilaterally terminate a water-sharing agreement of 1955 entered between the two States, the State was bound to fulfill its commitment under the Agreement and subsequently under a Central Government notification of 1976 directing Punjab to share 3.5 MAF (million acre feet) of water of Ravi and Beas with Haryana by constructing the SYl Canal.
Punjab Government, represented by senior advocates Ram Jethmalani and RS Suri, told the Court that it would respond to Haryana’s petition once it knows the stand taken by the Centre. “These issues need to be resolved between the two States with the Centre acting as a senior arbitrator. This is not a matter to be fought in Court.” Jethmalani suggested to the Court to have the matter in March, since no policy decision can be taken by the State authorities till polls are on.
Unwilling to keep the matter pending for long, Justice Ghose hinted that he wishes to decide the issue before his retirement in May. “We are interested in the purpose of decree being implemented. We will give you three weeks to file your response. let us not make our schedule contingent to elections.” The bench posted the matter for hearing on February 15.
Meanwhile, Solicitor General Ranjit Kumar, appearing for Centre, told the Court that the Government’s response was ready and will be filed by the weekend. He informed the Court that the November 10 decision of the Court was in its advisory jurisdiction given on a presidential reference that does not bind the parties to the suit. “The 2004 legislation still stands. It needs to be struck down by the Court or else the effect of the decree is nullified,” Kumar said. Haryana said it will respond to this stand taken by Centre before the next date of hearing.