The sharp reaction from the Supreme Court on Monday to a plea by Karnataka to keep in abeyance a judicial order to release Cauvery water to Tamil Nadu revived memories of a similar hearing in the apex court almost 14 years ago. A three-judge Bench of the Supreme Court led by Chief Justice of India B.N. Kirpal was hearing a contempt petition filed by Tamil Nadu against the then S.M. Krishna-
led Karnataka government for not complying with the apex court's September 3 and October 4 orders to release Cauvery water to Mettur in Tamil Nadu. Karnataka's counsel and senior advocate Anil Divan had cited law and order problem and farmers' agitation as a grounds for its hesitation in releasing the water.
Taking stern exception to this justification, the Bench, in a report of The Hindu on an October 24, 2002 court hearing, warned that these “man-made situations to flaunt court orders should stop”.
"You have no regard for our orders. If State Governments play to the emotions of the people and violate court orders, then God help this country,” the Bench, also comprising Justices Y.K. Sabharwal and Arijit Pasayat, observed.
The Bench remarked that "if an elected government says because of law and order problem, it cannot comply with our order, then let it go”. It observed orally that it would not allow a government to gain political mileage out of flouting court orders.
The same hearing had seen the court pull up the Union Government for not doing its duty to see that the court's orders are complied to.
The Bench had expressed anguish that "India's federal structure has been dented" by the manner in which Karnataka government chose not to implement its orders.
Keywords: Cauvery water dispute, Supreme Court, Karnataka, Tamil Nadu
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