CHENNAI: Stung by the reluctance of the Centre to set up the
Cauvery management board, the state government has decided to drag Cabinet secretary P K Sinha and water resources secretary U P Singh to the Supreme Court for willful disobedience of its order that gave six weeks time to set up the board. While TN PWD secretary S K Prabhakar, who has left for Delhi, will file the TN’s contempt petition in the SC registry on Saturday, the Centre may move the court on the same day seeking clarification on the word ‘scheme’ mentioned in the order, and, according to sources, may seek two months time to fulfill the order. Meanwhile,
Puducherry government too may file a contempt petition in the apex court.
Cauvery board: Puducherry government may file contempt plea against Centre
"Tamil Nadu’s prayer will be to summon the respondents for their willful disobedience and purge the contempt by giving them directions to comply. Pass any other order as court deems fit,” said an official source. The state will also seek directions to the Centre to constitute Cauvery Management Board and thereafter
Cauvery Water Regulation Committee (to assist the board), as recommended by the Cauvery water disputes tribunal in its final award in 2007.
The timing of the SC Cauvery order — in the run up to
Karnataka elections — is the likely reason for Modi government to put off a decision on taking a call on setting up the mechanism. “It is learnt the Centre will seek clarification on whether the authority to resolve the Cauvery dispute should be on the lines of Bhakra Beas Management Board or
Narmada Control Authority. Secondly, instead of a chief engineer to helm the board, the Centre also wants to know can there be a retiredIAS official as chair,” said a highly placed source. Former Union water resources secretary and Gujarat cadre retired bureaucrat, Amarjeet Singh’s name is doing the roundsin Delhi. In February, the apex court directed the Centre to frame a ‘scheme’ toimplement itsorder.
In its petition, the state government will recall the events leading to contempt ever since a three-judge SC bench headed by CJI Dipak Misra delivered its verdict, making it clear that “no extension shall be granted for framing of the scheme on any ground.” Tamil Nadu’s contention is that under Section 6(2) of Inter-State Water DisputesAct, 1956, the decision of the tribunal, after its publication in the official gazette by the Centre, has the same force as an order or decreeof the Supreme Court. Therefore, CMB and CWRC must beset up. Karnataka strongly dislikes board as it takes away its authority to regulate water release in its reservoirs. The Siddaramaiah government, instead suggests Cauvery Decision Implementation Committee headed by Union water resources minister and a 11-member monitoring agency led by water resources secretary.
Meanwhile, on its part, the Puducherry government too will explore the feasibility of filing a contempt of court plea against Union government for failing to honour the Supreme Court’s order to constitute Cauvery management board and Cauvery water regulation committee, said chief minister VNarayanasamy.
Speaking to reporters on Friday he said he consulted with the advocates in New Delhi, who appeared for the Puducherry government, and sought their advice on the future courseof action as thesixweek deadline set by the Supreme Court for theUnion government to constitute the board and committeeendedon March29.
(With inputs from Bosco Dominique in Puducherry)
Karnataka strongly dislikes board as it takes away its authority to regulate water release in its reservoirs.
