Bengaluru, Sept 10: Each time the Cauvery waters dispute erupts, the favourite target for the protestors is Tamil Nadu Chief Minister, J Jayalalithaa. This time around there has been a lot of fun being made about senior counsel, Fali S Nariman who represents Karnataka in the Cauvery case.
There are activists from Mandya who say that they will file a complaint against him as he repeatedly loses the case in the Supreme Court.
Petitions to the Chief Minister too are being sent from farmers in Mandya and other areas to replace Nariman as he has not been able to get any relief for Karnataka.
Recently Chief Minister of Karnataka too took a dig at the legal doyen and said that the goodwill offer made by Nariman in the Supreme Court did not have the approval of the state government.
Nariman had made an offer to release 10,000 cusecs of water to Tamil Nadu. The Supreme Court, however, ordered the release of 15,000 cusecs for ten days as a result of which the state of Karnataka erupted in protest.
Karnataka's legal team is, however, not amused with such loose talk about Nariman. A member of the legal team, Mohan Katarki tells OneIndia that this entire issue started at the all party meeting. At the meet, KS Eshwarappa and YSV Datta joked and asked if Nariman had won any case for Karnataka.
"I would like to state here it is unfortunate that some who has contributed so much is being targeted," Katarki also added.
Legal team has its discretion:
Katarki also adds that so much is being spoken about the fee Nariman charges. "He charges Karnataka the lowest fee. In fact there are so many who are his juniors who charge much more," Katarki stated.
On the allegation made by people that Nariman has appeared for Jayalalithaa in some other cases, Katarki rubbishes it by stating that advocate can appear for anyone. There is no bar on it. Nariman has never let all that affect the Cauvery case, he also adds.
There is also a rumour floating around that a lobby is behind this campaign because Nariman refused to appear for Jayalalithaa in the main appeal in the disporportionate assets case against her.
Katarki says that a lie is doing the rounds that is spread by some mischievous elements in Bengaluru that the legal team has never won any case for Karnataka.
It all started with a false message on WhatsApp that TN lawyers have been arguing the Cauvery issue free for their State. "We must know that primarily the legal team fighting the upper riparian's case faces an uphill task in court always because, the general perception in the world is test upper riparian can ruin the lower State by building dams or barrages and steal water."
"Despite this general bias, this legal team succeeded in reducing the liability to ensure in Tamil Nadu from 380 tmc to 192 annually. Hope to reduce further in SC in the pending civil appeal."
In Almatti case, this legal team devised a clear strategy and advised the State in 1996 to change its stand and accept Scheme B which finally helped in getting the Almatti dam for a storage at 524 Mts. Lastly, there is nothing like winning or loosing the case in water disputes. Every decision has some good and some bad parts, Katarki says.
Karnataka could not have argued that we don't share water with Tamil Nadu or we don't owe any water to Tamil Nadu. The only point was - how much we owe to Tamil Nadu and when we owe.
We said, what we owe should be determined by Supervisory Committee and until it determines, we propose as a good will gesture to ensure 10000 cusecs for ten days when already on an average 6000 cusecs was being released, Katarki added.
It was a wise proposal and when a same proposal was made in September 2012, the SC then had accepted and all in the State praised the legal team including the those who now taunt. Katarki says: "I would also like to remind the people that Nariman succeeded in the Baglihar and Kishenganga water dispute against Pakistan."