SC raps Centre for not framing Cauvery scheme

​New Delhi: The Supreme Court on Tuesday warned the Centre that it was in “sheer contempt” of its February 16 verdict by not yet framing the Cauvery management scheme on river water sharing between four southern riparian states.

The harsh comments of the top court came after Attorney General K K Venugopal said that the Union Cabinet has not been able to meet to approve the draft scheme as the leaders, including, the Prime Minister, were busy in the ongoing poll campaign in Karnataka. The Union cabinet had last met on May 2.

The apex court had in its verdict asked the Centre to frame the Cauvery management scheme, which would also include creating the Cauvery Management Board, within six weeks for smooth release of water from Karnataka to Tamil Nadu, Kerala and Puducherry with a caveat that the deadline cannot be extended.

“You (Centre) are in sheer contempt,” a bench headed by Chief Justice Dipak Misra said when the Tamil Nadu government alleged that the non-framing of the policy was a blatant violation of the crucial judgement in the Cauvery case.

“We do not want to come back to square one. Once the judgment has been delivered, it has to be implemented,” the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said. The bench directed the secretary of the Union water resources ministry to personally appear before it on May 14 with the draft of the Cauvery management scheme to implement its verdict on water sharing between four riparian states.

At the outset, senior advocate Shekhar Naphade, appearing for the Tamil Nadu government, said that the state, facing acute water shortage, was not getting its due share. “We are being taken for a ride by the Central government … Are we waiting for the votes to be cast on May 12 (in Karnataka polls),” the lawyer asked.

He vehemently opposed Venugopal’s plea that the case be adjourned till May 14 as the Union Cabinet could not meet to approve the draft Cauvery scheme due to campaigning in Karnataka. “This is the fit case for contempt. Somebody has to be sent to jail,” Naphade said.

Venugopal referred to the sensitive nature of the Cauvery water dispute and said that Tamil Nadu and Karnataka have witnessed violent protests over it in the past. The top law officer referred to previous orders including the one which was passed on May 3 and said: “The Cabinet was not available on that day and this is why we are seeking six to eight days till May 14”. He also referred to the violent protests across the country after the apex court judgement in the SC/ST matter and said the Cauvery draft scheme would be put before the Cabinet as soon as possible.

Taking exception to the submissions, the counsel for Tamil Nadu said, “Now, the cat is out of the bag… We will not be getting the water”. The bench intervened by saying, “We must understand the purpose behind framing the (Cauvery management) scheme. It is for implementation of the order”. The apex court had on February 16 asked the Centre to formulate a scheme to ensure compliance of its judgement on the decades-old Cauvery dispute. It had modified the Cauvery Water Disputes Tribunal award of 2007 and made it clear that it will not be extending time for this on any ground.