There is no option before the Karnataka but to follow the Supreme Court’s directive to release Cauvery water to Tamil Nadu, said some legal experts here on Saturday. However, according to them, the state can file a review petition in the apex court.
Former advocate general Uday Holla said, “Even if the state refuses to follow the court’s directive, the latter can intervene and exercise its powers to get the order implemented. It will be a contempt. The SC can use its powers to release water to TN. The court can invoke Article 142 - Enforcement of Decrees and Orders of Supreme Court and Article 144 - Civil and judicial authorities to act in aid of the Supreme Court.”
Holla advised that the state can file objections before the SC by furnishing latest statistics on increased population, water needed for drinking and agriculture and existing dam levels.
Senior advocate C V Nagesh too admitted that the state had no other option but release water.
He said,”If the government fails to comply with the order, the SC may invoke Article 355-Duty of the Union to protect states against external aggression and internal disturbance. They may put the state government in a suspended animation citing constitutional breakdown or may even dismiss the government. But we can file objections explaining the difficulties to the SC.”
He also recalled that after the Cauvery riots in 1991, the state government had to release water. “It will better if water is released at first and later an objection is filed explaining the difficulties of the state,” Nagesh said. Advocate General of the state S Vijay Shankar declined to comment on the issue.
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