SC has no authority to ask Centre to set up Cauvery board

Pro-Kannada activists burn tyres to block the road during the Karnataka Bandh in Bengaluru. Pic/PTI

New Delhi: The Centre on Monday told the Supreme Court that it has no jurisdiction to direct it to set-up the Cauvery Management Board as it was just a recommendation of the Cauvery Water Dispute Tribunal and not binding on the government.

Attorney General Mukul Rohatgi made the submission before the bench of Justice Dipak Misra and Justice Uday Umesh Lalit while mentioning the Centre's application for modification of the apex court's September 30 order that directed the constitution of the Cauvery Management Board.

While fixing the hearing on the application on Tuesday at 2.00 p.m., the bench reminded the Attorney General that he had agreed on the last date of hearing that the Centre would constitute the Cauvery Management Board by October 4.

The Attorney General told the bench that he had made a mistake by committing to set up the Cauvery Management Board.

Even as the Centre tried to wriggle out of its commitment to set up the board, the bench questioned Karnataka why it has not released the water.

"Have you released some water? There can be a part compliance of our order. We can understand your difficulty," it said as senior counsel Shekhar Naphade, appearing for Tamil Nadu, said Karnataka has not released any water as directed by the court.

As Attorney General Mukul Rohatgi urged the court to hear the Centre's application seeking modification of September 30 order, Naphade opposed it, asking what was the hurry as Karnataka was not complying with the court's order and will not comply at all.

Naphade told the court: "There is much more to it (Centre's application seeking modification of September 30 order) than what meets the eye. Have it on Thursday (When matter is listed for hearing) as it is their (Karnataka) is not giving water, come what may."