Sudden release of water from Mullaperiyar by TN led to floods: Kerala to SC
New Delhi, Aug 23 : The Kerala government on Thursday told the Supreme Court that the sudden release of water from the Mullaperiyar dam by the Tamil Nadu government was one of the reasons for the massive floods in the state.
In an affidavit filed by the Chief Secretary, the Kerala government said that as the water level crossed 137 feet at Mullaperiyar Dam, authorities in Kerala decided to evacuate on a war footing people who lived in the dam's downstream.
Of the total population of about 3.48 crore, more than 54 lakh or one sixth of the population of Kerala had been directly affected by the floods, said the affidavit.
The affidavit further said that in the wake of prior alerts by its engineers, Kerala's Water Resources Secretary had written to her counterpart in Tamil Nadu and the Chairman of the Supervisory Committee on Mullaperiyar dam requesting controlled release of water without waiting for the water level in the reservoir to reach its full level.
"Accordingly, the Tamil Nadu government was requested to gradually release water... But no positive assurance in this regard was received from Tamil Nadu even after repeated requests...
"But the sudden release from the Mullaperiyar dam, the third largest reservoir in the Periyar Basin, forced us to release more water from Idukki reservoir, downstream of Mullaperiyar, which is one of the causes of this deluge."
The Chief Secretary suggested that to avoid a repeat of such situations, the Supervisory Committee be headed by the Chairman of the Central Water Commission (CWC) with Secretaries of both the states as members and the panel should be empowered to take decisions by a majority opinion regarding operations during flood or similar crisis.
The Kerala government also sought a management committee to manage the day-to-day operations of the Mullaperiyar dam, to be headed by a chief engineer/superintending engineer of the CWC with both chief engineers/superintending engineers of the two states.
The Mullaperiyar reservoir, which is wholly situated in Kerala, in the upper reaches of the Western Ghats above Idukki reservoir, is operated by the Tamil Nadu government.
Some 370 people have died since the monsoon rains began on May 29 and 1 million people are still sheltered in relief camps after torrential rains and the opening of the sluice gates of dams led to the worst floods in Kerala in nearly a century.
On August 18, the top court had asked the Chief Secretary of Kerala to file an affidavit on what steps were being taken for disaster management, rescue and rehabilitation of those affected.
The court had suggested that the Disaster Management sub-committee, National Crisis Management Committee (NCMC) and the court-appointed committee should meet to explore the possibility of reducing the water-level in the Mullaperiyar dam reservoir there to 139 feet.
The court was hearing a PIL seeking directions for management of water in the Mullaperiyar dam reservoir and announcement of a disaster management plan in relation to the dam.
The petition was filed by Kerala resident Russel Joy, who also sought direction to Tamil Nadu to ensure proper management of water release from the dam so that no harm is caused to people living downstream.
The hearing on the plea is scheduled on Friday.
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'Traitor' jibe: HC issues notice to police, Sena MLA on Kamra's plea against FIR
Mumbai (PTI): The Bombay High Court on Tuesday issued a notice to Mumbai police and Shiv Sena MLA Murji Patel on comedian Kunal Kamra's plea challenging an FIR lodged against him for allegedly passing a "traitor" jibe at Maharashtra Deputy Chief Minister Eknath Shinde.
A division bench of Justices Sarang Kotwal and S M Modak said it would hear Kamra's petition on April 16.
The comedian has failed to appear before the Mumbai police for questioning despite three summons issued to him.
Following a complaint by Sena MLA Murji Patel, the Khar police in Mumbai last month registered the FIR against Kamra under Bharatiya Nyaya Sanhita sections 353(1)(b) (statements conducing to public mischief) and 356(2) (defamation).
"Issue notice to the respondents (police and Patel). They shall take instructions and respond to the plea," the HC said.
Three FIRs registered against the comedian at Nashik Rural, Jalgaon and Nashik (Nandgaon) have also been transferred to the Khar police.
Kamra's counsel Navroz Seervai informed the Bombay HC bench that the Madras High Court on Monday extended till April 17 the earlier interim transit anticipatory bail granted to the comedian.
The petitioner has offered in writing thrice to the police to allow him to appear for questioning via video conference in light of the dangers and threat to his life, Seervai said.
"It seems that the police authorities are not so keen on recording his statement but more on bringing him here physically," the senior counsel claimed.
Kamra is presently in Tamil Nadu where he has been residing since 2021, as per his plea.
"This is not a case of murder. It is an FIR that has stemmed from a stand-up comedy show. He (Kamra) is ready to cooperate with the probe but through video conference," Seervai said.
The bench said it would consider all issues on April 16.
During the show, stand-up comedian Kamra had taunted Shinde, without taking his name, using a modified version of a Hindi song from the film "Dil To Pagal Hai" where he called him a "gaddar" (traitor).
The comedian went on to joke about how Shinde rebelled against Uddhav Thackeray's leadership (in June 2022).
In his plea filed on April 5, Kamra claimed the complaints against him were violative of his fundamental rights of freedom of speech and expression, right to practice any profession and business and right to life and liberty guaranteed under the Constitution of India.
He sought for the FIR to be quashed, claiming the allegations, even if taken at face value, do not constitute an offence.
The comedian also sought the HC to protect him from any coercive action including arrest, seizure of his personal electronic devices and examination of his financial transactions and accounts.
"To permit the investigation to continue would constitute a frontal assault on the freedom of speech and expression. Should a citizen's right to comment on the political developments and actions of political leaders be criminalised in this manner?" the petition said.
Kamra said his remarks made regarding the split in the Shiv Sena, Shinde quitting Uddhav Thackeray's Sena faction and being sworn in as the chief minister at the time (in 2022) are all part of records.
The plea said the FIR has been registered on a stand-up comedy performance, which provides satirical commentary on various social and political events of the country.
There has been a gross abuse of process and the malafide deployment of the criminal justice machinery by a member of the state's legislative assembly, resulting in a patent violation of a citizen's fundamental rights, it claimed.
As per the petition, Kamra wrote the show's script in July 2024 and performed it on 60 occasions between August last year and February 2025.
A recording of the show was uploaded only in March 2025, pursuant to which case was lodged, it said.
