Just a moment...

Report
FeedbackReport
Bars
Logo TaxTMI
>
×

By creating an account you can:

Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2016 (9) TMI 1672

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Respondent : Mr. Shekhar Naphade, Sr. Adv., Mr. Rakesh Dwivedi, Sr. Adv., Mr. Subramonium Prasad, Sr. Adv., Mr. G. Umapathi, Adv., Mr. C. Paranasivam, Adv., Mr. B. Balaji, AOR, Mr. Mukul Rohatgi, A.G., Ms. Pinky Anand, ASG, Mr. Wasim A. Qadri, Adv., Ms. Madhavi Divan, Adv., Mr. Balendu Shekhar, Adv., Mr. Karan Seth, Adv., Mr. Zaid Ali, Adv., Ms. Snidha Mehra, Adv., Ms. Saudamini Sharma, Adv., Mr. Ajay Sharma, Adv., Mr. Ansh Singh Luthra, Adv., Ms. Somya Rathore, Adv., Ms. Kritika Sachdeva, Adv., Mr. A.S. Nambiar, Sr. Adv., Mr. V. G. Pragasam, AOR, Mr. P.K. Manohar, Adv., Ms. Shania Vasudevan, Adv., Mr. Prabu Ramasubramanian, Adv., Mr. G. Prakash, AOR, Mr. Jishnu M.L., Adv., Mrs. Priyanka Prakash, Adv., Mrs. Beena Prakash, Adv., Mr. Manu S....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....u on Cauvery Water Disputes held under the Chairmanship of Union Minister of Water Resources, River Development and Ganga Rejuvenation, on 29th September, 2016 in New Delhi. We think it appropriate to reproduce the said Minutes:- "The Hon'ble Supreme Court Order dated 27th September, 2016, interalia mentions "the learned Attorney General of India has submitted that the Union of India is prepared to facilitate so that the impasses between the two States can appositely melt. The learned Senior Counsel appearing for the State of Karnataka, has submitted that the Executive head of the State of Karnataka, as suggested by the Attorney General of India, shall be available for discussion with the competent authority of Union of India to be su....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he States to present their views in the matter. The Chief Minister of Karnataka read out his speech, which is attached as Annex-I. He concluded his speech by stating that the ground reality at present stare at the face that no further release from Karnataka can be possible without destroying the standing crops of farmers and causing shortages in the drinking water supplies in Karnataka. He also requested the Union Government to depute a team of expert to the Cauvery basin in Karnataka and Tamil Nadu to verify the ground realities, storage positions, inflows and outflows for taking informed decision. In absence of Chief Minister of Tamil Nadu, her speech was read out by Shri P. Ram Mohan Rao, the Chief Secretary of Tamil Nadu. A copy of ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....6, has been written by the Chief Minister of Karnataka to Mr. Fali S. Nariman. The letter in entirety reads as follows: "September 29, 2016 Dear Mr. Nariman, Since there are various versions as to what transpired after the Hon'ble Supreme Court's last Order passed on 27th September, 2016, I hasten to write to you the correct position. Immediately after the order dated 27th September, 2016, in the late evening I convened an all-party meeting at Vidhan Soudha at Bangalore for the morning of 28th September, 2016, since the order passed by the Hon'ble Supreme Court was imperative. At the meeting at which to the knowledge of all an audio recording was made - it was the unanimous view of all Party Members who attended includ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 29th September, 2016. Representing the State of Karnataka I will certainly read out (if permitted) your letter to the Hon'ble Court. But you must realize that all of us appearing for the State are officers of the Court and since the Court has issued a direction for release of water "despite the Resolution passed", we must honour the order of the Court, I must therefore inform you that apart from reading your letter and my reply we will not be able to make any submission on behalf of the State to the Hon'ble Court. Yours sincerely, (Fali S. Nariman)" 6. We must appreciate the stand taken by Mr. Nariman. We must unhesitatingly state that this behoves the officer of the Court in the highest tradition of the "Bar". 7. Mr. Shekh....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n aid of the Supreme Court.- All authorities, civil and judicial, in the territory of India, shall act in aid of the Supreme Court." 12. On a plain reading of the said Article, it is clear as crystal that all authorities in the territory of India are bound to act in aid of the Supreme Court. Needless to say, they are bound to obey the orders of the Supreme Court and also, if required, render assistance and aid for implementation of the order/s of this Court, but, unfortunately, the State of Karnataka is flouting the order and, in fact, creating a situation where the majesty of law is dented. We would have proceeded to have taken steps for strict compliance of our order, but as we are directing the Cauvery Management Board to study the grou....