Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Sep 24: Siddaramiah, by treading a line that his predecessors had not, proved himself to be different from others. In the past, state governments led by S M Krishna and S Bangarappa had shown the courage to disobey Supreme Court orders. But on account of legal lacunae found on both the occasions, they were compelled to withdraw their decisions and apologize to the apex court.

Siddaramiah however, has taken an intelligent and bold decision in not adhering to the orders of the Supreme Court. Many say credit needs to go to former Prime Minister, Deve Gowda, who gave sound advice on the issue to the chief minister.

In the previous cases, contempt of court was committed. However, this time, the government has moved carefully to ensure that words like declining to follow the Supreme Court order do not appear anywhere in the resolution. The unanimous resolutions passed by both houses of the legislature to use water available in reservoirs only for drinking purpose is in tune with the law where drinking water use gains precedence over irrigation.

Both Supreme Court and houses of legislature are constitutional bodies. It is the duty of the government to follow the decisions taken by these bodies. If the Supreme Court tries to blame the government for contempt of court, the government now has the option to seek shelter under the cover of unanimous resolutions passed by the state assembly and legislative council.

During Bangarappa's regime, ordinance was issued against release of water, but the Supreme Court had upheld the order of the tribunal to release water. When the state refused to abide by this order, it faced contempt of court case. Finally the state was made to release water to Tamil Nadu and apologize.

When S M Krishna was the chief minister, the emergency cabinet meeting had taken a decision not to comply with the Supreme Court order to release 1.25 tmc water to Tamil Nadu. As this was blatant violation of Supreme Court order, the government was compelled to apologize and release water later.

In the meanwhile, leader of the opposition in assembly, Jagadish Shettar, said that he would write to the centre not to form Cauvery River Water Management Board as directed by Supreme Court as it is impossible. "Neither the state nor Tamil Nadu had sought formation of this board. Supreme Court on its own accord passed this order. Board formation entails lot of procedures and it is detrimental to the interests of Karnataka. Therefore, the central government would be requested not to form it," he said.