With Kerala's promise that it would protect the Mullaperiyar dam and all installations, facilities and property around it, the Supreme Court on Thursday said no orders were necessary on Tamil Nadu's application for deployment of the Central Industrial Security Force at the dam site.
A Constitution Bench of Justices D.K. Jain, R.M. Lodha, Deepak Verma, C.K. Prasad and Anil R. Dave also refused to make, at this stage, an appeal to Prime Minister Manmohan Singh to convene a meeting of the Chief Ministers of both States to explore the possibility of a negotiated settlement, as such a proposal from Kerala was not acceptable to Tamil Nadu.
On December 13, the Bench asked Additional Solicitor-General Harin Raval to take instructions from the Centre in respect of Tamil Nadu's request for CISF deployment because of some incidents of vandalism reported recently.
On Thursday, in a written note submitted to the court, the Centre said through its counsel Wasim Quadri: “Central forces, including the CISF, can be deployed … to protect the dam and the installations at the dam site. However, this can be done either on the orders of the court or on the request of the State government concerned, where the deployment of the Central forces is to be made. Since ‘police' and ‘public order' are State subjects under List-II of the Seventh Schedule of the Constitution, the primary responsibility of the ‘policing' and [maintaining] ‘law and order' lies with the State government concerned. However, Central forces can be deployed in aid to the civil power to assist the State government if so requested by the State government concerned. This is issued with the approval of the Home Minister.”
Senior counsel Harish Salve, appearing for Kerala, said, “If something happens to the dam, Tamil Nadu is concerned that it may not get water, but I am [the State of Kerala] more concerned that if something happens, my State will perish. I will not allow that to happen.” Without prejudice to what was happening in the court or at the empowered committee, he wanted the court to request the Prime Minister to convene a meeting of the two Chief Ministers to work out a solution.
Senior counsel Raju Ramachandran, appearing for Tamil Nadu, said Kerala should promise that the installations and property should also be protected. Mr. Salve responded that it would be done. Mr. Ramachandran, however, said requesting the Prime Minister to convene a meeting when the empowered committee was seized of the issue would be premature.
Justice Jain asked Mr. Ramachandran, “After this assurance, what more do you [Tamil Nadu] want.”
Justice Lodha appreciated Mr. Salve for his “very fair stand.” “Why can't the entire dispute be settled by cooperation?” he said.
In its response, Kerala said: “The police and forest [department] officials have been strictly instructed to give adequate protection to the dam site… All steps have been taken by the local police and forest [department] officials to ensure the safety of the dam. An adequate number of personnel have been deployed… The State assures this court that it shall do all that is necessary to protect the dam.”
In a brief order, the Bench recorded the instructions received from the Centre and Kerala's submissions and disposed of Tamil Nadu's application.
