State admits its application was 'erroneously drafted'

Karnataka on Monday admitted before the Supreme Court that its application for demanding reduction in the quantum of Cauvery water to be released to Tamil Nadu was “erroneously drafted”.

The apex court fumed over the tenor of Karnataka’s application and expressed its anguish. “The application for modification contains certain averments which follow the tenor of the language which cannot be conceived of to be filed in a court of law seeking modification of an order,” a bench of Justices Dipak Misra and U U Lalit said.

In its application filed on Saturday and mentioned on Sunday, Karnataka stated that the application was necessitated, among other reasons, because of the spontaneous agitations in the various parts of the state, including Bengaluru, Mandya, Mysuru and Hassan, in the Cauvery basin, which have paralysed the normal life besides destroying the public and private properties.

“If there is any grievance, they are obligated under the law to take recourse to permissible legal remedies.

The tenor of the application filed by Karnataka does not reflect so, but, on the contrary, demonstrates otherwise. We decry it,” the bench said.

Senior advocate F S Nariman was prompt in admitting that the application was erroneously drafted and assured the court he would not press the demands on the basis of those assertions.

“We must note the acceptance with anguish and regret by Nariman that pleading in the application and also in the affidavit filed for urgency, are not appropriate. However, as  Nariman has expressed regret and we have blamed the state authorities and stated that it is the duty of the executive to maintain law and order and see that the order of the court is complied with, we do not intend to say anything further on that score,” the bench said.