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Withdraw 'insinuations' against PM, Supreme Court tells Jayalalithaa

By J. Venkatesan

NEW DELHI Nov. 15. The Supreme Court today took exception to certain portions of the Tamil Nadu Chief Minister, Jayalalithaa's letter to the Prime Minister, Atal Behari Vajpayee, on November 5 on convening a meeting of the Cauvery River Authority (CRA) and asked her to withdraw the ``insinuations'' within four days by writing a letter to Mr. Vajpayee.

A Bench, comprising Justice Y.K. Sabharwal and Justice Arijit Pasayat, also said that in her (fresh) letter, Ms. Jayalalithaa must express full confidence in the CRA, in general, and the Prime Minister, in particular, and request him to convene a CRA meeting.

When the Bench wanted to know from senior counsel for Tamil Nadu, K.K. Venugopal, whether the Chief Minister had written the letter on the advice of the counsel, he said ``it might have been written out of personal anguish''.

The Bench observed that it was not a personal matter that accusations of all types could be made. ``We want to bring to your notice that personal anguish does not matter in cases of this nature''. The judges said: ``it is a matter of distress. You have to have faith in somebody and some restraint has to be exercised by the person, who is the Chief Minister of a State''.

``We understand that only because of exchange of such letters, the meeting of the CRA could not be convened,'' they added. The Bench wanted to know from counsel whether Tamil Nadu had faith in the CRA or not. ``If not, we will deal with the matter differently,'' the Bench said. Mr. Venugopal said the State and the Chief Minister had full faith in the CRA and the Prime Minister.

Counsel told the Bench that ``we will convey the sentiments expressed by the court to her and added that the Chief Minister will soon send a letter to the Prime Minister withdrawing the insinuations and expressing confidence in the authority''.

The Bench seems to have taken exception to the portion of the letter written by Ms. Jayalalithaa accusing the CRA of ``not discharging its functions and duties properly'' and there was a ``tilt towards Karnataka''. She had also said that ``the people of Tamil Nadu will lose their faith in everyone of the members of the CRA, including the Prime Minister, if the CRA doesn't function properly for the purpose for which it was created''.

When the Bench told the Solicitor-General, Kirit Raval, that ``the Union Government was partly responsible for the exchange of letters that took place as the CRA meeting could not be convened'', he said the CRA had to function in a proper atmosphere. ``When people express no faith in it, it becomes difficult to proceed with the matter,'' he added and said ``instead of exchange of water between the two States, there was only exchange of letters''. ``We were distressed to read the contents of the November 5 letter written by the Tamil Nadu Chief Minister to the Prime Minister. It is unfortunate that a sort of lack of faith has been communicated in that letter against the CRA, in general, and the Prime Minister of the country, in particular.''

Referring to Mr. Venugopal's submissions, the Bench said that ``let Tamil Nadu do its part (of writing a fresh letter to the Prime Minister withdrawing the ``insinuations'') within four days so that we would have a definite information about convening of the CRA meeting by the next date of hearing''.

The Bench also asked Tamil Nadu to respond to the affidavit filed by Karnataka informing that it had released 15.42 tmcft of water from November 1 to 14.

Meanwhile, the Bench directed the Solicitor-General to take instructions and find out the date on which CRA would meet and posted the case for further hearing on November 22.

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