By IANS,
New Delhi: The Supreme Court Monday expressed shock over the union government’s reluctance to fund the working of its techno-legal panel formed to examine aspects regarding strength and capacity of the over century-old Mullaperiyar dam in Kerala.
The response of a five-judge constitution bench of Justice D.K. Jain, Justice B. Sudershan Reddy, Justice Mukundakam Sharma, Justice R.M. Lodha and Justice Deepak Verma came when Additional Solicitor General Harin Rawal sought the court direct the Kerala and the Tamil Nadu governments to foot the bill for the panel.
“It’s shocking that the centre has raised such a plea showing unwillingness to bear the expenses of the panel,” the bench observed.
The functioning of a panel is not an inter-state dispute. The government should realise that the panel has been constituted by this court to assist it,” the bench said.
The bench also dismissed a plea by the Tamil Nadu government seeking recall of its Feb 18 order constituting the panel, headed by former chief justice of India A.S. Anand.
While dismissing the plea, the bench referred to state Chief Minister M. Karunanidhi’s reported unhappiness over the court’s order for formation of the panel and said it does not pass orders to “make somebody happy or unhappy”.
The state government sought recall of the court’s order contending that its court’s judicial functions cannot be delegated to any panel.
Opposing Tamil Nadu’s plea, senior counsel Harish Salve, appearing for Kerala, contended that the court is only concerned with the people of the two states.
If a chief minister is not happy with the order, it does not mean that the court should recall it,” he contended.
At this the bench asked: “What if the CM (chief minister) is happy.”
“Then they would come with an application seeking reiteration of the order,” Salve shot back.