The Supreme Court on Thursday expressed the view that Prime Minister Manmohan Singh, being the head of the Union government, is the most suitable authority to take a lead role in finding a solution to the Mullaperiyar dam row between Kerala and Tamil Nadu.
On a proposal from Kerala, a Constitution Bench of Justices D.K. Jain, R.M. Lodha, Deepak Verma, C.K. Prasad and Anil R. Dave suggested that the court could ask the Prime Minister to convene a meeting between the two Chief Ministers. But this was turned down by Tamil Nadu. The court then decided against making such a request.
Earlier, senior counsel Harish Salve, appearing for Kerala, submitted that without prejudice to the proceedings before the Empowered Committee and the pendency of the matter in the Supreme Court, the Bench could ask the Prime Minister to convene a meeting of the Chief Ministers.
However, senior counsel Raju Ramachandran, appearing for Tamil Nadu, said that since the Empowered Committee was yet to submit a report, any such meeting would be premature.
At this, Justice Jain observed: “Shall we take it that Tamil Nadu is not interested in the Prime Minister intervening at this stage?” Mr. Ramachandran said: “Yes, not at this stage, before [the] submission of [the] report by the Empowered Committee.”
Justice Lodha said: “There may be sufficient materials existing with the Prime Minister. A solution can be found… and he can make an effort. [The] Prime Minister, being the head of the Union of India, is the most suitable authority to take a lead role in finding a solution in such matters.”
Mr. Salve said: “These reports [the report of the Empowered Committee] will only create problems. Not a single award of a tribunal has solved a problem. It raises [the] temperature of the States. These problems are resolved, not adjudicated. Adjudication is … the last resort.”
However, Mr. Ramchandran argued that since Kerala had stated its position that water level should be reduced to 120 feet, it would be premature to have any such meeting at this stage.”
Justice Jain expressed his helplessness and told counsel: “This [asking the Prime Minister to convene a meeting] is possible only if both sides agree. Let us wait.”
In its response to Tamil Nadu's plea for deployment of the Central Industrial Security Force (CISF) at the dam site, Kerala said: “The deployment of Central security forces is not called for. In fact, any such deployment would unnecessarily provoke the people who have so far been peaceful. The present panic among the people arises from the fear that the dam may break, releasing [a] huge [quantum of] water, killing lakhs of people.” It was beyond all reason that “people would break the dam and invite floods killing themselves.”
Kerala denied that there was any organised mob attack or that its government or Ministers were spreading fear. “The administration is in complete control of the situation. The State of Kerala denies that there is any need for deployment of the CISF as demanded [by Tamil Nadu],” it said, seeking dismissal of Tamil Nadu's application.
