The Centre on Thursday informed the Supreme Court about its inability to frame the Cauvery draft water-sharing scheme within the May 3 deadline given by the apex court, saying, “Prime Minister Narendra Modi and Ministers are travelling.”
“Because of the Karnataka elections, the Prime Minister and Ministers are all in Karnataka. Have the case a day after the Karnataka elections... they are all travelling,” Attorney General K.K. Venugopal told a Bench led by Chief Justice of India Dipak Misra.
On April 9, the Supreme Court had categorically directed the Centre to frame the draft Cauvery scheme by May 3 and prove its bonafide resolve to end the 200-year-old dispute between the poll bound Karnataka and Tamil Nadu.
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“But are you not supposed to frame the draft scheme?” Chief Justice Misra asked.
“We are in a difficult position... we are only asking for 10 days more,” Mr. Venugopal and Additional Solicitor General Tushar Mehta said.
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Senior advocate Shekhar Naphade, for Tamil Nadu, lashed out at the Centre, accusing them of a “brazen attitude” and “playing politics” to favour the BJP’s fortune in the State, instead of governance.
Chief Justice Misra kept repeating that Centre has a “responsibility to frame the scheme.” At one point, the CJI referred to the Centre’s stand as a “reality.”
But Mr. Naphade submitted that “they (Centre) are worried about their electoral fate in Karnataka... Centre does not want to frame the scheme before the elections on May 12... If you (SC) allow this to happen, there will be nothing left of the rule of law and co-operative federalism.”
“What do we tell the people of Tamil Nadu? That the Supreme Court passed its Cauvery judgment in February and we have still not been able to get water. Summer temperatures are rising... there is no drinking water... It is time for you (SC) to call a spade a spade,” Mr. Naphade urged the court.
Tamil Nadu has filed a contempt petition against the Centre delaying the framing of the scheme as per the apex court’s Feruary 16 judgment.
Mr. Naphade reminded Mr. Venugopal that he had earlier made a statement in court that “everything was ready” with the scheme.
“AG made the statement... do we not believe him now? Do we not get water? Why this step-motherly treatment to us now? We cannot be at the mercy of the central government,” Mr. Naphade argued.
Chief Justice Misra assured that Tamil Nadu would indeed get water. The Chief Justice, in a stern voice, addressed the Karnataka counsel that the “State must release water.”
But senior advocate Shyam Diwan for Karnataka, said Karnataka has already released water in excess to Tamil Nadu.
CJI said Karnataka should take instructions and come back on Tuesday to inform the court about how much they would release to Tamil Nadu. “You have to release water or face the consequences,” CJI Misra told Karnataka.
The court said the Cauvery tribunal had fixed a quota of water to be released — 2 TMC — depending on rainfall and irrigation needs. Tamil Nadu said it had received only 1.1 TMC of water for April.
The court directed Mr. Venugopal to respond on Tuesday about what steps the Centre has taken so far to frame the scheme. “They (Centre) will dilly-dally... this is too serious an issue,” Mr. Naphade insisted.
“Well, it is only a one or two days before Tuesday... we will see,” Chief Justice Misra replied.