State lists out injustices meted out by Tribunal before SC

The State consul impressed upon the Supreme Court the various injustices meted out to the State in the final verdict of the Cauvery Water Distribution Tribunal. Senior advocate Fali Nariman representing Karnataka argued from 10.30 am to 12 noon on Thursday strongly advocating that the SC must not validate the 1892 and 1924 agreements between the then Mysore Kingdom and Madras Presidency. He also argued that Tamil Nadu had concealed the facts and its actual necessity while placing its demands before the Tribunal, reports Kannada Prabha.

Senior advocate who argued for the State, Sharath Jawali stated that the Tribunal has awarded Cauvery water only for one third of Bengaluru in its final verdict. To bring only one third of a mega city is not fair, he said. Bengaluru is a fast growing Metropolitan city. The Tribunal should have considered the requirements of the City before announcing the final verdict. Under the Telugu -Ganga Project, Karnataka and Andhra supply water from Krishna River to Chennai city which is very far from the Krishna basin. But the Tribunal has considered only one third of Bengaluru for awarding Cauvery water, Jawali brought to the notice of SC. But the Tribunal has accorded 35 tmc additional water to Tamil Nadu, without giving any justification for doing so, he argued.

Advocate Jawali impressed upon the SC its jurisdiction to invalid the final verdict of Tribunal under the Section 136 of the Constitution. Applying this right, the SC must nullify or modify the final verdict of the Tribunal. By doing so, the SC must set right the historical injustice meted out to Karnataka, he pleaded, reports Kannada Prabha.

Presenting his arguments later, on behalf of Karnataka, advocate Mohan Kataraki stated that the Tribunal considered a last minute submission by Tamil Nadu regarding requirement of water for irrigation as a main criteria and awarded the distribution. It did not permit the State advocates for cross examination. Hence the Tribunal has violated the natural law which is a main aspect of the judicial system, he argued. Tamil Nadu had demanded that it needed 566 tmc water. It had prepared a last minute note stating that the water was required for irrigation. Karnataka was not permitted to cross examine this note, he brought to the notice of the SC, reports Kannada Prabha.

Justice Deepak Mishra expressed surprise over the fact that the Tribunal did not permit cross examination of Tamil Nadu’s argument by Karnataka. Kataraki argued that the Tribunal had awarded 419 tmc to Tamil Nadu out of which 390 tmc was allowed for irrigation. But for the Cauvery basin crops in Tamil Nadu that amount of water is not necessary, argued the state government. The hearing is posted for July 18.  

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• SC hearing on Cauvery TRibunal
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