Cauvery water dispute: SC fixes July 11 for final hearing

March 21, 2017

New Delhi, Mar 21: The Supreme Court today said it will commence on July 11 the final hearing of the appeals filed by Tamil Nadu, Karnataka and Kerala against the 2007 award of the Cauvery Water Dispute Tribunal (CWDT) on sharing of water for 15 consecutive workings days. A bench headed by Justices Dipak Misra said that all interim orders of releasing 2000 cusecs of water by Karnataka will continue to be in force till further orders.

Cauvery
Appearing for Tamil Nadu, senior advocate Shekhar Naphade alleged that Kerala is drawing water in excess of what has been allocated to it by the tribunal to build check dams across inter-state Bhavani river, which is a tributary of Cauvery, for its irrigation project. He said if the check dams were built by Kerala across the Bhavani river, it will affect the flow of water to Tamil Nadu with its western part facing shortages for irrigation and meeting drinking water requirements.

The allegations were denied by counsel for Kerala who said the state is not using the Cauvery water to build the dam or the irrigation project. The counsel said that the height of dam will be at the optimum level and would not hinder the flow of water from the river. Responding to the contention, the bench, also comprising Justices Amitava Roy and A M Khanwilkar, said the dam project cannot be stalled but the counsel for Kerala may give an undertaking in this regard that the flow of water will not be hindered.

"Your words that no Cauvery water is being used for the projects are being used as undertaking and you should inform the state government in this regard forthwith," the bench said. On October 18 last year the apex court had directed Karnataka to keep releasing 2000 cusecs of Cauvery water to Tamil Nadu till further orders. The apex court had on December 9 last year upheld the maintainability of appeals filed by the riparian states, saying it has the "jurisdiction to decide the parameters, scope, authority and jurisdiction of the tribunal".

The court had earlier said it would first go into the issue of maintainability of appeals filed by Karnataka, Tamil Nadu and Kerala against the award of the tribunal and then hear arguments on the report filed by the Supervisory Committee formed to assess the ground realities in the Cauvery basin region about the presence of water. The Centre had raised an objection, claiming that the CWDT award amounted to a final decree in the dispute and the apex court had no jurisdiction to hear the appeals against it award. However, the states had contended that their appeals were maintainable, saying the Supreme Court had the jurisdiction to adjudicate their petitions filed against the award.

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News Network
April 29,2024

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In yet another setback to the Congress party amid the ongoing Lok Sabha elections, its candidate from Indore Akshay Kanti Bam withdrew his nomination on Monday, April 29, days before voting.

Interestingly, he had reached the Collector's office with BJP MLA Ramesh Mendola to withdraw his nomination. He also reportedly joined BJP. 

Senior BJP leader and state cabinet minister Kailash Vijayvargiya in a post on X said Bam was welcome to join the BJP.

"Congress Lok Sabha candidate from Indore Akshay Kanti Bam is welcome in the BJP under the leadership of Prime Minister Narendra Modi, party national president J P Nadda, Chief Minister Mohan Yadav and state president VD Sharma," he said in the post.

The Congress had fielded Bam against sitting BJP MP Shankar Lalwani from the Indore Lok Sabha seat, where polling will be held on May 13.

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News Network
April 25,2024

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Electronics Corporation of India Ltd and Bharat Electronics Ltd have refused to disclose the names and contact details of the manufacturers and suppliers of various components of EVMs and VVPATs under the RTI Act citing "commercial confidence", according to RTI responses from the PSUs to an activist.

Activist Venkatesh Nayak had filed two identical Right To Information applications with the ECIL and BEL, seeking the details of the manufacturers and suppliers of various components used in the assembling of the electronic voting machines (EVMs) and voter-verifiable paper audit trail (VVPATs).

The VVPAT is an independent vote verification system which enables electors to see whether their votes have been cast correctly.

The ECIL and the BEL, public sector undertakings under the Ministry of Defence, manufacture EVMs and VVPATs for the Election Commission.

Nayak also sought a copy of the purchase orders for the components from both PSUs.

"Information sought is in commercial confidence. Hence details cannot be provided under Section 8(1)(d) of the RTI Act," BEL said in its response.

A similar response was sent by ECIL which said the details requested are related to a product which is being manufactured by ECIL, and third party in nature.

"Disclosing of details will affect the Competitive position of ECIL. Hence, Exemption is claimed under section 8(1) (d) of RTI ACT, 2005," it said.

In response to the purchase order copies, ECIL's central public information officer said the information is "voluminous" which would disproportionately divert the resources of the Public Authority.

"Further, the information will give away the design details of EVM components. The same may pose a danger to the machines produced. Hence, the exemption is claimed U/s 7(9) and under section 8(1)(d) of RTI Act, 2005," ECIL said.

Section 8(1)(d) of the RTI Act exempts from disclosure the information, including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.

Section 7(9) of the Act says the information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

"I don't know whose interests they are trying to protect against the right to know of close to a billion-strong electorate. ECIL said that disclosure of the purchase orders will reveal the design details of the components and this may pose a danger to the machines produced. ECIL did not upload even a signed copy of its reply on the RTI Online Portal," Nayak said.

He said it is reasonable to infer that the two companies are not manufacturing every single item of the EVM-VVPAT combo or else the two companies would have replied that they are manufacturing all these components internally without any outsourcing being involved.

"But the electorate is expected to take everything about the voting machines based on what the ECI is claiming in its manuals and FAQs," Nayak said.

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News Network
April 25,2024

modirahul.jpg

The Election Commission of India on Thursday announced that it had taken cognisance of violations to the Model Code of Conduct by both Prime Minister Narendra Modi and Congress leader Rahul Gandhi.

While Modi has indulged in a diatribe against Muslims, without naming them, using terms like 'infiltrators' and 'those with more children', Rahul has been accused of making a false claim about 'rise in poverty'.

Both the BJP and INC have raised allegations of causing hatred and divisions based on caste, religion, language, and community, ANI reported.

While the EC had initially refused to comment on Modi's speeches, sources had told PTI that the commission was 'looking into' the remarks made by the BJP leader.

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