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Thursday
October 3, 2002
1855 IST

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SC should not entertain Tamil Nadu's contempt petition: Krishna

Karnataka Chief Minister S M Krishna on Thursday questioned the jurisdiction of the Supreme Court to entertain a contempt petition of Tamil Nadu alleging violation of Cauvery River Authority's order.

He was replying to the show cause notice issued to him by the court on a petition filed by Tamil Nadu on the Cauvery river waters release issue.

Tamil Nadu had alleged that Karnataka did not honour the Supreme Court's directive to release 1.25 tmc feet of water daily as well as the directive of the CRA to release of 0.8 tmc feet water daily.

Maintaining that the Supreme Court had no jurisdiction to entertain the petition alleging violation of the CRA order, Krishna said that as per the Supreme Court order Karnataka had released 3.5 tmc feet water during September 4-8 as against the stipulated 6.25 tmc feet water.

The chief minister, in his affidavit, said the balance amount of water would have reached Tamil Nadu through the catchment area immediately below the Biligundu reservoir.

As against the CRA order for release of 15tmc feet water, Karnataka had released over 8 tmc feet water and as such there was no question of contempt committed by the state.

The Supreme Court would hear on Friday the issue relating to the alleged non-release of water by Karnataka.

On Thursday the Karnataka government had decided to file an objection petition before the Supreme Court questioning its jurisdiction over addressing water disputes between states.

Former Karnataka minister Nanje Gowda, quoting Article 262 (2) of the Constitution, claimed that the Indian Constitution makers had envisaged a technical, and not a legal solution to the water dispute.

Gowda also quoted section 11 of the Inter State River Water Disputes Act of 1956 to support his claim. "Notwithstanding anything contained in any other law, neither the Supreme Court nor any other court shall have or exercise jurisdiction in respect of any water dispute which may be referred to a Tribunal under this Act," states section 11.

With inputs from Sadanand R in Chamarajnagar

Cauvery Water Dispute: The Complete Coverage

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