For those who are bend upon wilfully violating the
judgements of the highest court of the land, (whether
it is SM Krishna, AK Antony or Mar Deevanyasose) the following
strictures passed by the SC recently against the Govt.
of Karnataka can be an eye opener.
KC Varghese, Mumbai
A Bench, comprising Chief Justice B N Kirpal, Justice
Y K Sabharwal and Justice Arijit Pasayat, drew a
parallel between the demolition of the mosque in
Ayodhya despite the court's directive to protect it
and the recent violation of the directives to release
water to parched TN.
"If the state governments played to the emotions of
the people and violated court orders, then God help
this country," an anguished Bench said.
"There are lots of cases where emotions can be
aroused, but it will be unfortunate if the states come
and say that they cannot implement the court orders
because of emotions," the court said.
As Karnataka's counsel Anil B Divan said the state had
released as much water as it could but the suicide by
a farmer and riots prevented it from implementing the
apex court's order, the Bench remarked:
"If an elected government says because of a law and
order problem, it cannot comply with the SC's order,
let it go. You (Karnataka) have come to that."
The judges further said: "These man-made situations to
flaunt the court order should stop. You get political
mileage out of it."
"What happened to Article 144?" the court asked Divan.
Article 144 says that all authorities, civil and
judicial shall act in aid of the Supreme Court.
"We dare say that the Union government has not covered
itself with glory. It was their duty as well to see
the orders were complied with. They had sufficient
powers to do so. No one has covered itself with
glory," it said.
"You (Karnataka) have no regard for SC orders. We are
of the view that there is a wilful non-compliance of
the order and it is deliberate," the court said.
Rejecting his argument, the Bench said: "The plea of
bandhs and agitations have unfortunately been raised
by other CMs as well. We cannot accept it. It has to
be deprecated in the strongest terms."