TN to continue to get 2,000 cusecs of Cauvery water

The Supreme Court on Friday continued its interim order directing Karnataka to release 2,000 cusecs of Cauvery water to Tamil Nadu every day as it rejected the Union government's stand that the court had no jurisdiction to intervene in inter-state river water disputes.

Rejecting the government's stand, the bench of Justice Dipak Misra, Justice Amitava Roy and Justice A.M.Khanwilkar in their judgment said that the interim order passed earlier would continue.

However, the court said: "How the final order (of February 5, 2007) passed by the (Cauvery Water Disputes Tribunal) tribunal would be adjudged within the parameters of the ... constitutional provision has to be debated when we finally address the controversy pertaining to the subject matter of the Civil Appeals."

Speaking for the bench, Justice Misra noted: "When we apply the ... principles of statutory interpretation to understand the legislative intendment of Section 6(2) it is clear as crystal that the Parliament did not intend to create any kind of embargo on the jurisdiction of this Court."

"The said provision (Section 6) was inserted to give the binding effect to the award passed by the tribunal" under the Inter-State River Water Disputes Act 1956, the court said, adding that Parliament has "intended that the same (the tribunal award) shall be executed or abided as if it is a decree of this Court".

It is to be borne in mind, the court said, that a provision should not be interpreted to give a "different colour which has a technical design rather than serving the object of the legislation".

"Be it clearly stated that Section 6 cannot be interpreted in an absolute mechanical manner and the words 'same force as on order or decision' cannot be treated as a decree for the purpose for excluding the jurisdiction of this Court," the court said elaborating that "it (tribunal award) cannot be a decree as if this Court has adjudicated the matter and decree is passed".

Jurisdictional objections were raised by the central government and Puducherry.

The central government had argued that the appeals against the Cauvery Water Disputes Tribunal award were not maintainable as top court had no jurisdiction to examine the award which under the Section 6(2) of the Inter-State River Water Disputes Act, 1956, had the force of an order of the top court.

It had argued that therefore there could be no intra-court appeals and in fact, the Cauvery Water Disputes Tribunal award was at the same pedestal as the judgment of the top court.

The appeals against the February 5, 2007, award were filed by Karnataka, Kerala and Tamil Nadu.

--IANS

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