Dismissing Kerala's arguments as "fallacious and jugglery of words", the Supreme Court's Constitution Bench today asked the state to demonstrate concrete material evidence to prove that Mullaperiyar dam might collapse if it reaches the danger level of 155 feet.
"Your arguments are unfounded, misleading, fallacious and jugglery of words. You should support it (claim) with evidence," the five-judge Bench told Kerala's senior counsel Harish Salve during the hearing.
The Constitution bench comprising Justice D K Jain, B Sudershan Reddy, Mukundakam Sharma, R M Lodha and Deepak Verma was constituted since it involved important Constitutional questions relating to a state's power to enact a law reportedly circumventing the apex court's judgement.
The apex court made the remarks as it was not impressed with the state's argument that if the water level of the dam, which supplies water to Tamil Nadu, was allowed to be raised beyond 136 feet would lead to its collapse endangering public safety as it would submerge several villages in the state.
The bench said the arguments cannot be accepted as even during the three floods witnessed in 1924, 1943 and 1961, the water level had reached a maximum of 152.35 feet as against the danger level of 155 feet.
Responding to the queries, Salve offered to produce certain evidence in support of the State's claim.