The Hindu : National : Court raps Punjab for failure to execute Canal project

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Wednesday, Jun 09, 2004

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National

Court raps Punjab for failure to execute Canal project

By J. Venkatesan

NEW DELHI, JUNE 8. The Supreme Court has rapped the Punjab Government for resisting the execution of a decree on implementation of the Sutlej Yamuna Link (SYL)canal on the ground that it would have a political fallout.

Such a stand, the court said, would result in subversion of the Constitution, an endorsement of anarchy and disintegration of the country.

A Bench of Justice Ruma Pal and Justice P. Venkatarama Reddi took exception to the Amarinder Singh Government's explanation for not complying with its directions in regard to the completion of the canal within its territory and instead challenging through a suit.

The bench observed that "the correspondence and the record of minutes show that the Chief Minister, as well as the Government officials named in the correspondence (instead of obeying the court directive) have arrogated themselves the power of sitting as super-judicial body over this Court."

The Court did not accept the plea of the Punjab Government that construction of the SYL canal could give rise to militancy.

The Bench said:

"When disputes arise between States, there are usually political underpinnings. The resolution of such a dispute in favour of one party will invariably have a political impact."

That was why exclusive jurisdiction was given to the Supreme Court under Article 131 of the Constitution to decide such disputes strictly on legal considerations and in keeping with the provisions of the Constitution. By refusing to comply with the decree of the Court under Article 131, not only was the offending party guilty of contempt Court but it also shook the very foundation of the Constitution, which the people governing the State had sworn to uphold while assuming office.

The Bench further said that it was the constitutional duty of those who wield power in the States to create an appropriate political climate to ensure respect for the constitutional process and not to set such processes at naught to gain political advantage.

Dismissing Punjab's suit with costs, the Bench said: ``It is manifest that the suit has been filed only with a view to subverting the decision of this court with all the disingenuousness of a private litigant to resist its execution."

The Bench allowed an application by the Haryana Government seeking a direction to the Centre to complete the construction of the unfinished portion of the SYL Canal within the territory of Punjab in terms of its decree dated January 15, 2002. (Under the terms of the decree, the Punjab Government had been asked to complete work in its territory within a year, failing which the Centre was to undertake the task).

The Judges pointed out that for the construction of the Punjab portion of the SYL canal, more than Rs. 560 crores had already been spent and the Centre had paid the money.

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