Date:01/03/2005 URL: http://www.thehindu.com/2005/03/01/stories/2005030109910400.htm

New Delhi

Centre asked to spell out stand on SYL canal project

By Our Legal Correspondent

NEW DELHI, FEB. 28. The Supreme Court today asked the Centre to come out with its stand on the legality of the controversial legislation enacted by Punjab annulling its water agreements with the neighbouring States of Haryana, Rajasthan, Delhi and Himachal Pradesh. A five-Judge Constitution Bench hearing the Presidential reference on the validity of the Punjab law asked the Attorney-General, Milon Banerjee appearing for the Centre, "Will you file a response on this issue or not?" The Attorney-General replied, "It is a secret. We will open it only after the States make their stand clear during the arguments."

The Bench comprising the Chief Justice R.C. Lahoti, Justice Santosh N. Hedge, Justice Y.K. Sabharwal, Justice Ruma Pal and Justice S.N. Variava observed, "Surely you will have to take a stand unless there are some political compulsions."

The Bench finding that all the States concerned had filed their responses except the Centre said it would fix a date for final hearing later and adjourned the proceedings. Earlier, senior counsel K. K. Venugopal appearing for Rajasthan submitted that the Centre must make its stand clear on whether or not the Punjab Assembly had the legislative competence to enact the Punjab Termination of Agreements Act in 2004. The Centre had sought Presidential reference after the Punjab Government passed the controversial law. Earlier it on July 15 last it filed an application for fresh orders on the construction of the Sutlej-Yamuna link canal after the Supreme Court directed the Centre to take over the construction of the Punjab portion of the canal.