You are in contempt, CJI tells Centre in Cauvery issue
New Delhi, May 8 : Telling the Centre that it was in "sheer contempt", the Supreme Court on Tuesday directed the Secretary, Water Resources Ministry, to be personally present in the court on May 14 along with the scheme for the implementation of the Cauvery Tribunal Award.
The bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y.Chandrachud directed the presence of the top Water Resources official as Attorney General K.K.Venugopal sought six days' time for the Karnataka election to be over before the government takes a decision.
"You (Centre) are in sheer contempt of the court," the CJI told Venugopal.
The AG said the draft scheme for the implementation of the Cauvery award was before the Cabinet and the meeting has not taken place as Prime Minister Narendra Modi and other ministers were busy campaigning in Karnataka, where assembly elections are slated to be held on May 12.
He sought six days' time for filing the scheme but senior counsel Shekhar Naphade, appearing for Tamil Nadu, asked why it cannot be filed on Thursday and Friday.
As Venugopal said the officers who instruct (on the matter) are not working on Saturdays and Sundays, Naphade took a jibe, saying: "We are servants for 24 hours, 365 days", an obvious reference to the statement by a top functionary of the government.
When the AG asked "Who said that", Naphade replied: "You want me to quote?" and added, the top functionary said it last week.
The AG justified the Centre seeking more time saying that it was a sensitive matter having a bearing on the law and order situation.
Naphade said that they will not implement the order of the court on the grounds of law and order.
On another occasion, when the AG said that the release of water was not within the authority of the Cauvery Management Board, Naphade was quick to point out that the people of Tamil Nadu will not get water, no matter what happens.
Noting that Central government has not framed for scheme for implementing its February 16 judgment, the top court, in the last hearing on May 3, had observed that "... Karnataka will release water as per Tribunal award. You will release 4 TMC of water. Please see how much water can be released by end of May."
Karnataka has told the top court that it has already released the Cauvery water that Tamil Nadu was entitled to under the "distress formula" due to deficient rainfall and needed remaining water for drinking purposes in Bengaluru and the areas falling under its part of the Cauvery basin.
However, Tamil Nadu in its response has contended that Karnataka had enough water to release 4 TMC of water to cover the shortfall of 1.4 TMC for April and the allocation of 2.4 TMC for May this year
Tamil Nadu has told the apex court that "Karnataka has 19.834 TMC ft. of water as on May 4 in its four reservoirs" and the storage in "Mettur Dam is 9.502 TMC ft. (the utilizable storage being only 4.502 TMC ft)".
Thus, Karnataka "is in a better position and can easily spare the 4 TMC ft" even after meeting the requirement of drinking water supply for May, that is 1.6 TMC ft, Tamil Nadu submitted.
The top court by its February 16 judgment had asked the Centre to frame a scheme for the implementation of the tribunal award and its judgment. It had given the Centre six weeks time, that came to end on March 30, for this purpose.
Tamil Nadu had on March 31 moved the top court seeking contempt action against the Centre for "willful disobedience" in carrying out the mandate of the apex court on constituting the Cauvery Management Board for which the six-week deadline expired on Friday.
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BJP writes to EC about 'non-deployment' of central forces to avert clash
Kolkata (PTI): The BJP on Sunday wrote to the Election Commission alleging that its workers were not given security and came under attack while travelling to attend Prime Minister Narendra Modi’s rally at Brigade Parade Ground on March 14 and sought action over the alleged non-deployment of central forces by police.
In a letter to the poll panel, BJP leader Shishir Bajoria claimed that buses carrying party workers to the rally were targeted with bricks in the Girish Park area of north Kolkata, leaving several activists injured, some of whom were hospitalised.
Trouble broke out in the area when BJP activists objected to the putting up of flexes which read 'Boycott BJP', before the house of state minister Shashi Panja and tore down the flexes. Heavy brick batting followed as both sides regrouped along Central Avenue, and the window panes on the ground-floor room of Panja's residence were damaged in stone pelting.
The minister claimed she and several of her party members were injured in the brickbatting by rally-bound BJP supporters.
In the letter, the BJP alleged that despite a substantial deployment of Central Armed Police Forces (CAPF) ahead of the elections, the forces were not present at the site of the disturbance to ensure the safety of its workers and leaders.
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Putting the onus on TMC for the violence, the letter said, "A large number of buses bringing BJP 'karyakartas' to attend the rally of Prime Minister Narendra Modi at Brigade Parade Ground were subjected to large-scale brick-batting and violence, resulting in several BJP leaders sustaining injuries, many of whom had to be hospitalised."
Attaching purported photos and videos of the clash to back up their claims of TMC instigation, the letter said: "What was particularly of grave concern was that despite a big deployment of CAPF well before the polls, their complete absence at the spot during the disturbance, or in any part of the city of Kolkata."
"We would like to put on record that the presence of Kolkata Police at the spot of disturbance establishes the fact that they had an advance intelligence report of possible violence and yet kept the CAPF out," the BJP leader said in the letter to the CEC Gyanesh Kumar, and Chief Electoral Officer, West Bengal, Manoj Kumar Agarwal.
"Given the seriousness of the incident and the injuries sustained by several of our karyakarta, it raises concerns among citizens regarding the effective deployment of CAPF for preventing violence, and ensuring a free and fair electoral environment," the letter said.
"We request your good office to kindly take the strongest possible action against those who were responsible for this non-deployment of CAPF, resulting in this incident and ensure that in future deployment is carried out in a manner that truly serves its intended purpose of area domination, confidence building, and timely intervention wherever law and order situations arises from now till the elections are over," the letter said.
The BJP also reminded the commission that a party delegation had earlier met the full bench of the poll body on March 9 and raised concerns that CAPF personnel were being deployed for route marches in peaceful areas and highways instead of in locations requiring voter confidence-building measures.
At least eight persons, including a police officer, were injured in brickbatting, which broke out half an hour before the arrival of the Prime Minister at the Brigade Rally. The clash continued for about an hour as both sides fought a pitched battle on the road and nearby by-lanes before reinforcements brought the situation under control.
