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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US SEC summons Gautam Adani, nephew Sagar in bribery case
New York (PTI): Adani group founder and chairman Gautam Adani and his nephew Sagar have been summoned to explain their stand on the US Securities and Exchange Commission (SEC) allegation of paying USD 265 million (Rs 2,200 crore) in bribes to secure lucrative solar power contracts.
Summons have been sent to Adani's Shantivan Farm residence in Ahmedabad and his nephew Sagar's Bodakdev residence in the same city for a reply to SEC within 21 days.
"Within 21 days after service of this summons on you (not counting the day you received it)...you must serve on the plaintiff (SEC) an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure," said a November 21 notice sent through the New York Eastern District Court.
"If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court," it added.
Gautam Adani, 62, and seven other defendants, including his nephew Sagar, who is a director at the group's renewable energy unit Adani Green Energy Ltd, allegedly agreed to pay about USD 265 million in bribes to Indian government officials between approximately 2020 and 2024 to obtain lucrative solar energy supply contracts on terms that expected to yield USD 2 billion of profit over 20 years, according to an indictment unsealed in a New York court on Wednesday.
Separate from the indictment brought by the US Department of Justice, the US SEC has also charged the two and Cyril Cabanes, an executive of Azure Power Global, for "conduct arising out of a massive bribery scheme".
The ports-to-energy conglomerate has denied the allegations and said it will seek all possible legal resources.
"The Adani Group has always upheld and is steadfastly committed to maintaining the highest standards of governance, transparency and regulatory compliance across all jurisdictions of its operations. We assure our stakeholders, partners and employees that we are a law-abiding organisation fully compliant with all laws."
An indictment in the US is basically a formal written allegation originating with a prosecutor and issued by a grand jury against a party charged with a crime. A person indicted is given formal notice to reply.
That person or persons can then hire a defence lawyer to defend.
Prosecutors said the investigation started in 2022 and found the inquiry obstructed.
They also allege that the Adani Group raised USD 2 billion in loans and bonds, including from US firms, on the backs of false and misleading statements related to the firm's anti-bribery practices and policies, as well as reports of the bribery probe.
"As alleged, the defendants orchestrated an elaborate scheme to bribe Indian government officials to secure contracts worth billions of dollars and... lied about the bribery scheme as they sought to raise capital from U.S. and international investors," US Attorney Breon Peace said in a statement announcing the charges on Wednesday.
"My office is committed to rooting out corruption in the international marketplace and protecting investors from those who seek to enrich themselves at the expense of the integrity of our financial markets."
