SC anguished over laws circumventing its judgements

The Supreme Court today virtually pulled up the Kerala government for enacting a legislation to allegedly circumvent its earlier judgement permitting Tamil Nadu to raise the water level of controversial Mullaperiyar dam from existing 136 to 142 feet.

The Supreme Court today virtually pulled up the Kerala government for enacting a legislation to allegedly circumvent its earlier judgement permitting Tamil Nadu to raise the water level of controversial Mullaperiyar dam from existing 136 to 142 feet.

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The apex court said if states start passing laws to bypass judgements, then it would have "serious consequences."

A three-judge bench of Justices D K Jain, Mukundakam Sharma and R M Lodha wondered what would be the sanctity of the country's highest court if states are not willing to abide by its orders.

"When this court said that Tamil Nadu can raise water level upto 142 feet, can you (Kerala) nullify it by a legislation and fix the water level at 136 feet?

"What is the sanctity of the Supreme Court if its judgements are not implemented," the bench asked senior counsel Rajiv Dhawan appearing for Kerala.

According to Tamil Nadu, the legislation Kerala Irrigation and Water Conservation Amendment Act 2006 was enacted within a few days of the judgement on February 27, 2006, to nullify it.

Though the apex court in the said judgement had ruled that Tamil Nadu had the right to enhance the water level upto 142 feet, the Act sought to restrict the level upto 136 feet only.

"If every state in inter-state dispute sought enacting a legislation not to give effect to our judgement, it would have serious consequence," the bench remarked.