The Hindu : National : ``Making report public will create confusion''

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Thursday, May 11, 2006

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National

``Making report public will create confusion''

Legal Correspondent

Keep repercussions in mind, States told

New Delhi: The Chairman of the Cauvery Tribunal, Justice N.P. Singh, on Wednesday asked Tamil Nadu, Karnataka, Kerala and Pondicherry to keep in mind the political impact and repercussions in the Cauvery Basin while submitting their response to the assessors' report.

After giving his dissenting order, Mr. Justice Singh observed, "After the two Members passed the tentative order for [the] constitution of an expert committee, we received hundreds of telegrams and fax messages opposing this. They are saying the Tribunal is already 16 years old, and asking what is the enquiry all about."

"Premature abortion"

He told the counsel: "See the political impact and the reactions from farmers. Even the counsel were not spared." On the Members' decision to make available the assessors' report on apportionment of water, he said, "It is like premature abortion after sex determination. This will be another trial, and confusion for everybody."

When one counsel pointed out that the term of the Tribunal was due to end on August 6, the Chairman said, "How can I ask the Government for further extension? Last year, while seeking extension, it was agreed by all that the award should be given within the time frame." Since the dispute was pending for the last 16 years, final decision should be given as early as possible.

In his order, Mr. Justice Singh said, "The assessors' notes on areas requiring irrigation support were circulated to the Tribunal. I, after thoroughly studying their advice, had discussions with [the] assessors and only when I got convinced, their advice was accepted by me and incorporated in my views which has already been circulated to the Members for their consideration. If at this stage, the advice of the assessors, which I have accepted and incorporated in my views, is made public, it would amount to making public my views which would otherwise have gone in the final award."

But once the majority members directed that the assessors reports be given to the parties, Mr. Justice Singh asked the States to examine the political impact and the repercussions while giving their response. Pointing out that Tamil Nadu and Pondicherry together sought 566 tmc ft of water and Karnataka 465 tmc ft, he said the States might have to prune their requirement on the basis of the assessors' findings.

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