The Hindu : SC pulls up Krishna for defying orders

Online edition of India's National Newspaper
Friday, Oct 25, 2002

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SC pulls up Krishna for defying orders

By J. Venkatesan

NEW DELHI, Oct. 24. The Supreme Court today took a "very serious" view of the Karnataka Chief Minister, S. M. Krishna's defiance of its September 3 and October 4 orders in the Cauvery issue in not releasing water to Tamil Nadu.

Observing that "we are prima facie of the view that a deliberate non-compliance of the orders had taken place and it is contempt,'' the court said "what final orders as a result thereof we will decide on Monday.''

A three-judge Bench, comprising the Chief Justice B. N. Kirpal, Justice Y. K. Sabharwal and Justice Arijit Pasayat, made this observation while hearing the contempt petitions filed by Tamil Nadu against Mr. Krishna and others.

The Bench told senior counsel for Karnataka, Anil Divan, that "if an elected government says because of law and order problem, it cannot comply with our order, then let it go. You have come to that. These man-made situations to flaunt court orders should stop. You get political mileage out of it and we will not allow that.''

Mr. Divan told the court that by Monday he would consult Mr. Krishna and submit possible remedial steps in the matter.

'God help the country'

Pointing out that Karnataka had not released any water to Mettur in Tamil Nadu from September 18, the Bench said "you have no regard for our orders. If State Governments play to the emotions of the people and violate court orders, then God help this country.'' It also pulled up the Centre for not taking steps to ensure the implementation of the Supreme Court orders. "The Union Government has not covered itself with glory. It was their duty as well to see the orders were complied with. They had sufficient powers to do so.''

However, the Solicitor-General, Harish Salve, told the court that in an inter-State dispute, the Centre could not do anything. "If the Union of India is directed to ensure compliance with the directions, we will take steps accordingly. But taking steps suo motu will be difficult.''

The Bench then asked Mr. Salve to inform the court as to what should be done when a State Government wilfully disobeyed the orders of the apex court.

Earlier, Mr. Divan submitted that Karnataka could not release water because the court had passed "unimplementable orders'' and because of agitation by farmers. Mr. Krishna had a duty to protect the lives of 40 lakh Tamils living in Karnataka, in particular Bangalore, where 30 per cent of the population were Tamils.

Reacting sharply, the Bench said "if you had any difficulty in implementing the orders, you should have asked for modification of our orders. But you have not done that.''

The judges also took exception to Mr. Krishna's `padayatra' and said "for what purpose you had undertaken the padayatra? What was the unanimous resolution of political parties there... don't release water?''

Referring to the farmers' agitation, the Bench observed "there are a lot of cases pending in the apex court where emotions can be aroused but it will be unfortunate if the Chief Ministers come and say that they cannot implement the court orders because of emotions.''

Describing the conduct of Mr. Krishna in the whole affair as "bad,'' it pointed out as to how a similar thing had happened in the Ayodhya case. "A solemn assurance was given to protect a monument but that was broken and it was demolished.''

Senior counsel for Tamil Nadu, K.K. Venugopal, urged the court to direct Karnataka to immediately release 25 tmc ft of water to Tamil Nadu. It should also deprive the benefit obtained by Karnataka in not obeying the court orders and award damages to Tamil Nadu for the loss of the `kuruvai' and `samba' crops estimated at Rs. 2,930 crores, he said.

The Bench expressed anguish that "India's federal structure has been dented" by the manner in which Karnataka Government chose not to implement its orders. "The plea of bandhs and agitations have unfortunately been raised by other Chief Ministers. We cannot accept it. It has to be deprecated in the strongest terms.''

Mr. Salve submitted that the majesty of the court as arbiter of federal disputes could not be questioned and if it were to be dented, the federal system would collapse. The Bench agreed with Mr. Salve and cited the example of the disregard of apex court's order for the construction of the Sutlej-Yamuna link.

Krishna confers with colleagues

New Delhi, Oct. 24. The Karnataka Chief Minister, S.M. Krishna, held guilty of contempt of court by the Supreme Court over the Cauvery issue, today remained closeted here with some of his Ministers and officials.

The Karnataka Home Minister, Mallikarjun Kharge, said that once a copy of the judgment was received, Mr. Krishna would hold a meeting. He said Karnataka never tried to gain political mileage out of the issue and would not do so.

The State Law Minister, Chandra Gowda, said ``whatever order the Supreme Court gives, we will take it in the right spirit.''

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