Where to appeal?

Karunanidhi"We don't know where to appeal about the possibility of the saying justice delayed, justice denied coming true," Tamil Nadu Chief Minister M Karunanidhi has said.

Expressing regret over the Supreme Court's order to refer the Mullaperiyar dam dispute with Kerala to a Constitution Bench, he has voiced apprehensions that the adage 'justice delayed is justice denied' might come true.    
The Chief Minister is justifiably annoyed. "We first moved the Supreme Court on the Mullaperiyar issue in 1998. After 11-year wait, we were expecting justice (verdict). But on the contrary, now there is going to be more hearing following the latest decision. We cannot but regret this," he says.    
The two neighbouring states are at loggerheads over the dam, with Kerala insisting on construction of a new dam to replace the existing structure to which Tamil Nadu is opposed. The apex court’s verdict in favour of Tamil Nadu to store water at 142 ft from 136 ft in the 113 year-old dam remains unimplemented. The Kerala Irrigation and Water Conservation (Amendment) Act, passed about 15 days after the verdict, vested the state government with powers to have complete control over dams in the state.

"Is it acceptable that a state can pass such a legislation? What action was taken by the Supreme Court against Kerala for passing such a legislation in conflict of its order," Karunanidhi has asked. "One cannot help asking why the Supreme Court takes no cognizance of a state passing legislation against its orders.    
However, the most important aspect is that the apex court's decision to refer the case to the Constitution Bench followed after senior counsel K Parasaran for Tamil Nadu and Rajeev Dhawan for Kerala agreed that the issue involved delicate interpretation of Constitutional law.    

The opposition naturally finds fault with the State Government. Accusing Tamil Nadu Chief Minister M. Karunanidhi of “shedding crocodile tears” over the Supreme Court’s decision on Mullaperiyar Dam dispute with Kerala, AIADMK supremo Jayalalithaa says his inefficiency resulted in the forfeiture of the state’s rights. Accusing him of not taking action to increase the water level in the dam to 142 feet after the Supreme Court allowed Tamil Nadu’s plea in 2006, she said he was now trying to blame the court for not reposing faith in its own order.Even now when the Supreme Court said it was planning to refer the dispute to a Constitution Bench, “the very least that could have been done by Tamil Nadu was to register its protest vociferously. This too was not done,” she claimed.Janata Party President Subramanian Swamy has demanded a public apology and resignation of  Karunanidhi for "letting down" the Tamil people on the Mullaperiyar (dam) water level issue. MDMK leader Vaiko said agricultural operations in southern districts of Tamil Nadu had been affected, resulting in huge losses for the state. He said MDMK would mobilise farmers of the five southern districts to step up protests on the issue, adding, the party would not rest till a solution was found.    
And, the solution seems to be elusive.

H Ramakrishnan
Nov 16, 2009

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Comments


Edis Somu
Sarath Fonseka is correct. "Tamil Nadu politicians are political clowns". Karunanithi is the chief clown. No question about that. They are disgrace for all tamils.
17 Nov 2009 04:33 PM




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