Attorney General of India, Mukul Rohatgi mentioned before a Bench comprising Justices Dipak Mishra and U U Lalit that this is a legislative function and the court does not have jurisdiction over the matter. The court will now take up this matter on October 4th.
The Supreme Court had on September 30th directed the Centre to constitute the Cauvery Management Board by October 4. The court had also stated that once the CMB is constituted, it would visit Tamil Nadu and Karnataka to assess the ground situation and report to it on October 6.
The Attornery General while seeking modification of the September 30th order said that the CMB cannot be formed on the basis of what the Cauvery Waters Tribunal had said.
The Attornery General submitted that the orders of the tribunal is only recommendatory in nature and on this basis the CMB cannot be formed. The tribunal in its award had recommended setting up of a CMB.
Meanwhile, Karnataka too had opposed the setting up of the CMB. During an all party meet on Saturday, leaders had advised the government to boycott the CMB. They had also said that Karnataka should not send its representative to the CMB. However, both Tamil Nadu and Pudhucherry had announced its list of representatives.