TaxTMI 
TaxTMI 
2016 (9) TMI 1672
X X X X Extracts X X X X
X X X X Extracts X X X X
....Adv., Mr. Ranvir Singh, Adv. For the 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.....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ing of Chief Ministers of Karnataka and Tamil Nadu 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....
X X X X Extracts X X X X
X X X X Extracts X X X X
....cceptable solution. Thereafter, the Minister (WR, RD & GR) requested both the 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 Nad....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ord. We have thought it appropriate to take the two letters on record. The letter dated 29th September, 2016, 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....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 5. The second letter dated 30th September, 2016, is the communication made by Mr. Fali S. Nariman to the Chief Minister. The said letter reads as follows:- "I am in receipt of your letter of 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. You....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... proceed to the site forthwith to take a prima facie view of the ground reality. 11. At this juncture, we may refer to Article 144 of the Constitution of India. It reads as follows:- "144. Civil and judicial authorities to act in 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 i....