Setting up Cauvery Management Board: Was SC order in conflict with its own directive?

Bengaluru, Sept 27: The order of the Supreme Court which directed the setting up of the Cauvery Management Board (CMB) is unlikely to be implemented immediately as it is in conflict with an earlier decision of a larger Bench.

Last Tuesday, the Supreme Court while directing Karnataka to release 6,000 cusecs of water had also said that the Cauvery Water Management Board be set up in four weeks.

Legal experts ask if such an order could have been passed considering the same issue is seized off by a three judge bench of the Supreme Court.

The larger Bench had decided to hear a plea by Tamil Nadu to constitute the CMB. The matter has been clubbed along with the main appeal filed challenging the award of the Cauvery Waters Tribunal. This petition will come up in October.

Legal experts are of the view that when a larger bench is seized off this matter, a two judge bench could not have passed such an order. Either the state of Karnataka or Tamil Nadu will have to point this out to the Bench when it hears the case on Tuesday.

Experts are of the view that the same ought to be intimated to the two judge bench which ordered the setting up of the CMB in four weeks time.

The Centre too which was told to set up the CMB can point out the same to the bench. Normally judges hearing the matter are not aware of issues pending before the other benches. Hence it is for the parties to bring to the notice of the bench about such issues so that there is no conflict in judgements of the Supreme Court.

OneIndia News