Tamil Nadu today urged the Supreme Court to initiate contempt proceedings against Karnataka Chief Minister Jagadish Shettar and 6 others for alleged "brazen, willful and deliberate defiance" of the apex court's order to release 9,000 cusecs of water to the State from Cauvery basis.
In an application filed through counsel Umapathi Ganesh, the State said Karnataka's alleged defiance if allowed would lead to total anarchy and jeopardising democracy, judiciary and quasi-federal structure of the Constitution.
The apex court's order on September 28 had come after the CRA meeting of September 19 had failed to produce a solution as both Karnataka and Tamil Nadu had rejected the award of 9,000 cusecs of water by the PM-headed panel to save the standing crops in the delta region.
"Tamil Nadu with deep regret and utmost humility, is bringing to the notice of this Hon'ble Court, the brazen, willful, deliberate defiance of the orders passed by this Hon'ble Court by the Respondents herein and the unconstitutional and contumacious conduct indulged in by them with deliberate intent to undermine the dignity and respect of the highest court of the land and of high constitutional office holders," the State said.
The AIADMK-ruled state also said it would indeed be a sad day for democracy and rule of law in the country if Karnataka can get away with such "disregard and defiance."
"The prestige and dignity of this Hon'ble Court is at stake and if the political and executive wing of a State Government believes that their partisan interests should prevail over the interests of and the integrity of the nation, and the due implementation of the orders of this Hon'ble Court and the Constitutional provisions, the result would be total anarchy and the very foundation of constitutional democracy, independent judiciary and continuance of quasi-federal structure of the Constitution would be in jeopardy," it added.
Besides Shettar, the petition sought contempt proceedings against Basavaraj S Bommai, Minister of Water Resources; S V Ranganath, Chief Secretary; D Satya Murty, Secretary, Water Resources Department; M. Bangara Swamy, Chief Engineer (Inter State Waters), Water Resources Development Organisation; Shankar Gowda, Superintendent Engineer, KRS Dam and Vijay Kumar, Executive Engineer, Cauvery Neervari Nigam Limited.
"Needless to say, that such acts of defiance by the Respondents has precipitated a situation where the governance of the State is not being carried on in accordance with the provisions of the Constitution," the TN government said.
It complained that pursuant to the order passed by the apex court on October 8, permitting the CRA to consider the review petition of Karnataka, several statements were made to the media by the Karnataka Chief Minister and other functionaries, that the State would stop release of waters to Tamil Nadu.
The State submitted that several protests, rallies and bandhs were instigated and orchestrated by interested partisan and parochial interests in the Cauvery Basin districts of Karnataka opposing the release of water to the State of Tamil Nadu ever since the apex court passed the order on September 28, directing release of 9,000 cusecs of water.
On the last date of hearing, Karnataka counsel Fali S Nariman had told the court that the state will not be able to release any more water.
"It is physically impossible to release water. There is already a surplus of 13,000 cusecs," he had said without elaborating.
The CRA, headed by the Prime Minister, comprises chief ministers of Karnataka, Tamil Nadu, Puducherry and Kerala In an earlier application, Tamil Nadu had said during the current irrigation year 2012-2013, though the south west monsoon is not vigorous in the Cauvery catchment of Karnataka, the state of Karnataka has received 21.9 TMCft of inflow in its four major reservoirs up to July 20.
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