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TN to file second contempt plea and suit for damages
PTI [ SATURDAY, OCTOBER 05, 2002 09:06:50 PM ]
CHENNAI: Tamil Nadu Chief Minister Jayalalithaa on Saturday night urged Prime Minister Atal Bihari Vajpayee to issue a direction to Karnataka to comply with Friday's Supreme Court order on release of 9000 cusecs of water to the state and take action, using Art 365 and 356 in case of "continued intransigence and recalcitrance" by the Karnataka government.
In a hard-hitting statement, she said her government would soon file a second contempt application before the Apex Court for the 'disobedience' of the court's latest order and a suit against Karnataka for damages and payment of compensation in respect of the losses sustained due to the 'Kuruvai' (short term paddy) crop having already been lost due to Karnataka's 'recalcitrance'.
Appealing to the constitutional authorities, "who are duty bound to uphold the provisions of the constitution" to ensure that Karnataka acted in a manner befitting a federal state in the Union of states in India, Jayalalithaa said an all-party meet would be held on Oct 7 to discuss the issue in the wake of Karnataka's 'obdurate refusal' to release water from its reservoirs.
Referring to the Karnataka government's decision not to release any water to Tamil Nadu, Jayalalithaa said, "This open defiance of the Supreme Court's order, even while a contempt petition in the matter is pending before it, is a brazen assault on the rule of law, on democratic traditions and on Indian federalism, making a mockery of our constitution".
The action of the Karnataka government in 'impounding' the Cauvery river within its own borders on the 'pretext' of standing crops being endangered and 'preventing' flows to the lower riparian state of Tamil Nadu, affecting lakhs of farmers by 'resorting to dilatory tactics, hedging, making falsified claims and its open defiance of law in every forum, set at naught the justice decreed by the Supreme Court, she said.
Jayalalithaa said the Centre should no longer remain a 'mute spectator' to this 'outrageous conduct' of Karnataka. As the Apex Court directives were being 'openly and 'flagrantly flouted', the Prime Minister should consider 'fissiparous implications of such roguish conduct' and issue directions forthwith to Karnataka under Art.256 of the constitution to comply with the Apex Court directives.
The Prime Minister should take action under Art 365 and Art356 in case of continued 'intransigence and recalcitrance' by the Karnataka government, she added.
Stressing that Cauvery delta farmers would face famine and 'unprecedented ruin' if water was not released immediately as per the Supreme Court directives, Jayalalithaa charged that the Karnataka government was pleading helplessness, utilising the 'state-sponsored violence' in Karnataka as a 'pretext' to flout the orders of the court and the CRA.
Pointing out that the history of the Cauvery dispute between the two states had been one 'long tortuous struggle' for Tamil Nadu, she said, 'In stark contrast to our patient and peaceful, law abiding approach, Karnataka has consistently violated every rule, flouted every directive, whether it be of the Centre, the CRA or the Supreme Court, to hold the Tamil Nadu farmers to 'ransom'.
The entire Kuruvai crop had been ruined and the 'Samba' (long term paddy) crop was in danger of ruination. "Starvation stares our farmers in the face. Yet, unlike in Karnataka, our farmers have not taken to the streets", she pointed out.
The Supreme Court orders of Sep 3 and Oct 4 had to be 'necessarily obeyed' by Karnataka. Since it was in no mood to obey the orders, the Tamil Nadu government had decided to file a second contempt application and a suit for damages against the Karnataka government, she said.
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