Saturday,
October 5, 2002, Chandigarh, India
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Karnataka must comply: SC New Delhi, October 4 The direction was issued by a three-judge bench, comprising Chief Justice
B. N. Kirpal, Mr Justice K. G. Balakrishnan and Mr Justice Arijit Pasayat, during the resumed hearing of a petition filed by the Tamil Nadu Government, seeking contempt proceedings against Karnataka Chief Minister
S. M. Krishna and four others for non-compliance of the court’s order dated September 3 and that of the CRA dated September 8, directing the release of water to the Mettur reservoir. The Bench, however, made it clear that today’s order would be subject to any order of the CRA to be passed by it on an application by Karnataka seeking a review of its earlier order dated September 8. As regards the question of contempt against Chief Minister S M Krishna, his Water Resources Minister
H. K. Patil and three others, the court said it would take up the matter on October 24. The Bench issued the direction to Karnataka, taking into consideration the Cauvery Monitoring Committee’s report that as on September 30, the total storage position in the four reservoirs of Karnataka was 45 tmc feet. The court observed that it was ill-equipped to go into the ground realities in this regard and the Prime Minister was the competent person to take a decision and pass an appropriate order. When the senior counsel appearing for Karnataka, expressed the state’s difficulty in implementing the CRA order, the bench said, ‘’There is no question of non-compliance of the Prime Minister’s order. You have to obey and comply with the Prime Minister’s order.’’ Earlier, the senior counsel appearing for Tamil Nadu, urged the court to direct Karnataka to make good the shortfall of 16.13 tmc feet of water from September 4 till September 30 keeping in view the order issued by the court and the CRA in this regard. He also apprised the court of what he termed the defiant attitude of Karnataka in flouting the orders of not only the Apex court and the CRA but also the interim order of the Cauvery Water Dispute Tribunal dated June 25, 1991. Karnataka, meanwhile, has virtually ruled out the release of water from its reservoirs to Tamil Nadu, hours after the SC asked it to implement the CRA direction. Chief Minister
S. M. Krishna told newspersons that his Cabinet would meet and an all-party meeting would take place in Bangalore tomorrow to consider the SC’s direction. “....Hence, question of any releases from Karnataka may not arise for consideration as disclosed in the affidavit filed before the SC October 3, 2002,” he said in a press note before returning to Bangalore.
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