Supreme Court: The Court directed the State of Karnataka to release 6000 cusecs of water from tomorrow i.e. 28.09.2016 till the next date of hearing i.e. 30.09.2016 and said that the State of Karnataka shall obey the order without any kind of impediment, obstruction or any other attitude till the next date of hearing. Needless to say, the water that has been released will be adjusted in the eventual adjudication.
Fali S. Nariman, appearing on behalf of the State of Karnataka had submitted that there will be difficulty on the part of the State of Karnataka because of the resolution passed by the State to use the Cauvery water for drinking purpose only and not to release the water to the State of Tamil Nadu. The bench of Dipak Misra and U.U. Lalit, JJ, however, said that the direction for release of water has been passed for the coming three days despite the resolution passed.
The Court had asked Mukul Rohatgi, the Attorney General for India what could be the possible solution for the situation and said that the same is being done not because this Court cannot adjudicate or pass appropriate orders in accordance with law to maintain and sustain the rule of law and majesty of law which are elan vital of our constitutional law, but prior to that it would be appropriate if there is a discussion regard being had to the conceptual federalism prevalent in our democratic body polity. Mukul Rohatgi submitted that the Union of India is prepared to facilitate so that the impasse between the two States can appositely melt. Both the States expressed their consent to it. [State of Karnataka v. State of Tamil Nadu, I.A. NO.12/2016 IN I.A. NO.10 in Civil Appeal No.2456/2007, decided on 27.09.2016]