Wednesday 19th, February 2020
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Govt must stick to its stand & face contempt, opine legal experts

Published On : 01 Oct 2016   |  Reported By : Courtesy : DHNS   |  Pic On: Photo credit : DHNS


Bengaluru, DHNS: A section of legal experts on Friday suggested that the state government face contempt proceedings by sticking to the resolution passed in the state legislature to use the available Cauvery water only for drinking.

Retired Karnataka high court judge justice K L Manjunath termed as “pervert” the Supreme Court order to Karnataka to release 6,000 cusecs of water per day for six days to Tamil Nadu. “I don’t understand head or tail of the order. How can Karnataka release water when it is not available? It is better the government faces contempt charges and take the issue to its logical end,” he added.

“Judicial discipline warrants a two-judge bench not to pass any order on a subject pending before a larger bench. Why has the two-judge bench showed such urgency? There was no need for it to order the Centre to establish the Cauvery Management Board within four days,” he said and added that the government should approach Chief Justice of India T S Thakur and seek change of the bench.

Senior advocate Ravi

B Naik said that the Supreme Court appeared to be testing the state government. “It wants to know whether Karnataka respects the court. The court has presumed that Karnataka has abundant water. Hence, such an order has been passed. It is better the government faces contempt of court,” he added.

“Under contempt proceedings, the court issues a show-cause notice for not obeying its order to release water. The government can use it as an opportunity to place the factual position before the court in the form of a reply. The court may understand the situation if proper justifiable reasons are given. Otherwise, the government has to respect the court and release water. The resolution passed in the legislature cannot be the subject matter of the court,” he said.

Former advocates general of Karnataka Ashok Harnahalli and B V Acharya slammed senior counsel representing the state in the Supreme Court Fali Nariman for not defending the state’s stand. “The advocate representing the state in the Supreme Court did not defend the resolution passed in the state legislature. What is the use of taking such a decision if it is not defended before the court?” Harnahalli asked and warned that the government will face serious consequences if it fails to implement the order now.

Acharya said Nariman, by not defending the resolution passed in the legislature, has earned the respect of the court at the cost of the state’s interest.

He suggested that the government comply with the order to release water and approach the court, seeking suspension of its other order on the constitution of the Cauvery Management Board.







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