SC upholds maintainability of appeals by TN, Karnataka, Kerala

December 9, 2016

New Delhi, Dec 9: The Supreme Court today upheld the maintainability of appeals filed by Karnataka, Tamil Nadu and Kerala against the 2007 award of the Cauvery Water Dispute Tribunal (CWDT) on sharing the river water.

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A three-judge bench headed by Justice Dipak Misra said that all the appeals filed by the southern states against the Tribunal's award are maintainable, though the Centre had asserted that the apex court had no jurisdiction to hear appeals against the award of the tribunal.

"We hold all the appeals maintainable. Interim order to continue. List the matter for further hearing on December 15," a bench also comprising justices Amitava Roy amd A M Khanwilkar.

On October 18, the apex court had directed Karnataka to keep supplying Tamil Nadu with 2,000 cusecs of water till further orders.

The bench had also said it would first go into the issue of maintainability of appeals filed by Karnataka, Tamil Nadu and Kerala against the award of tribunal and then hear arguments on the report filed by the Supervisory Committee formed to assess the ground realities in the Cauvery basin region.

The Centre, through Attorney General Mukul Rohatgi, had raised a preliminary objection claiming that the CWDT award amounted to a final decree in the dispute and the apex court had no jurisdiction to hear appeals against the award of the tribunal.

But the states had contended that their appeals were maintainable saying the Supreme Court had the jurisdiction to adjudicate the appeals filed by the state against the award of tribunal and that no statute can take away the appellate powers of the apex court under Article 136 of Constitution.

However, Puducherry supported the stand of the Centre that the appeals filed by Karnataka, Tamil Nadu and Kerala are not maintainable.

Earlier, Rohatgi had argued that Supreme Court had no jurisdiction to adjudicate the appeals pertaining to the dispute relating to use, distribution and control of inter-state water or river valley.

The attorney general had said as per the constitutional provisions, the inter-state water dispute tribunal is headed by a retired Supreme Court or High Court judge and its decree has a force like that of a decree of the Supreme Court and thus the apex court cannot hear the appeals against its own order.

The apex court-appointed panel had in its recent report suggested doing away with "outdated and unscientific water application techniques" to resolve the wrangle, saying both Karnataka and Tamil Nadu were facing water shortage which had created unemployment and financial hardship for the people.

It had said the neighbouring riparian states needed to appreciate interest of Tamil Nadu and Puducherry to protect their established irrigation and Karnataka's aspirations for development and educate their people accordingly.

The panel in its 40-page report had noted that farmers in both states were in severe distress and adequate crop compensation must be provided to them.

The Supreme Court had on October 4 directed Karnataka to release 2,000 cusecs Cauvery water every day to Tamil Nadu from October 7 to 18 and deferred its order asking the Centre to set up Cauvery Water Management Board (CWMB) till it finally decided on appeals relating to the age-old dispute. It had yesterday directed Karnataka to continue to supply Tamil Nadu with 2,000 cusecs of water till further orders.

The apex court had also directed the Centre to establish the CWMB, saying once it was constituted, its team would visit the sites to take a prima facie view of the ground reality and submit a report.

On October 1, Karnataka had moved a review petition in the apex court against its three orders on Cauvery water release to Tamil Nadu and direction to the Centre to create the CWMB.

In its review petition, Karnataka said "grave miscarriage of justice" has been caused to it pursuant to the three apex court orders of September 20, 27 and 30, by which it was directed to release 6000 cusecs of water till October 6 and the Centre was to constitute the Board by October 4.

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News Network
March 26,2024

Bengaluru: The National Investigation Agency (NIA) has detained two suspects in connection with the Rameshwaram Cafe blast case in Bengaluru, sources confirmed on Tuesday.

The preliminary probe has revealed that the two suspects were in direct contact with the suspected bomber.

The NIA sleuths have picked up the suspects from an area in the state capital. However, a statement is yet to be made by the NIA in this regard.

Even as the investigating agencies, both NIA and state special wing CCB teams have launched an extensive search operation in various states, the bomber has remained elusive. The authorities had obtained the bomber’s images and videos from CCTV footage on March 1, soon after the incident.

Sources said that the sleuths were suspecting that the bomber had come from Tamil Nadu and was staying in a neighbouring state for two months before carrying out the blast.

The hair samples of the accused were gathered from the hat of the accused which he abandoned in Bengaluru near a religious place. The authorities have sent the samples for the DNA testing and were hoping for a breakthrough.

The Rameshwaram Cafe bomb blast took place on March 1 on the International Technology Park Limited (ITPL) road in the Brookfield area. Low intensity Improvised Explosive Device (IED) was used to carry out the blast and nine persons were injured in the incident.

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News Network
March 17,2024

child.jpg

Beltangady, Mar 17: A three-year-old boy was crushed to death under the wheels of an auto-rickshaw in front of his house at Panakaje Mundadi in Belthangady taluk of Dakshina Kannada. 

The gut-wrenching tragedy took place on Saturday, March 16 morning when the boy ran out of home to the road. 

The victim has been identified as Kaushik, the son of Chandrashekhar and Usha couple. Their home is situated adjacent to the main road at Panakaje.

It is learnt that the auto-rickshaw failed to notice the boy who suddenly darted towards the road and hit him. 

Even though the injured boy was rushed to a private hospital in Ujire and later to Mangaluru, he breathed his last. 

The Beltangady traffic police have registered a case in connection with the incident.

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News Network
March 28,2024

An Indian expatriate, hailing from Dakshina Kannada district in Karnataka, who was detained in Jeddah jail in an alleged cyber case, was set free recently. He is allowed to continue his work in the same company. 

The 49-year-old Mangalurean, has been working for a Maintenance company in Jeddah for more than 13 years. He is known for his efficiency and sincerity in the company with good experience in his field of work. 

His company usually assigned him on duty in Jeddah sea port to take the delivery of the goods consigned to his company. As a part of his duty, he normally takes pictures of the goods before the transportation. He did the same in February 2023 too. 

The security personnel informed the police about his act that amounts to be a violation of the port security rule. He was unaware of the rule as he was doing it normally in the port during the release of the goods. Since then, he was detained by the police on the charge of photographing inside the port premises. After more than 6 months detention, he was released and allowed to work in the same company. 

The detainee’s brother based in Jeddah was constantly pursuing the case.

P A Hameed Padubidri, a pro-bono NRI lawyer and social worker based in Riyadh, extended his socio-humanitarian help in this case upon the request of his family and relatives. 

He actively involved trying to set him free from the jail on humanitarian grounds with the coordination and help of the Consulate General of India (CGI) Jeddah. The CGI keenly followed up the case with the concerned Saudi authorities. He was released from the jail recently and shared his happiness with his family and thanked good samaritans. 

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