As Long As Judicial Order Stands, It Needs To Be Complied: High Court In Contempt Plea Against Punjab For Obstructing Water To Haryana

The Punjab & Haryana High Court today made it clear that Punjab Government was supposed to comply with its order directing them to abide by the decision of a Union Government meeting which had resolved to release extra water from Bhakra Dam to Haryana, for the State's emergent need.

On May 7, the High Court had also restrained the Punjab Police from "interfering" in the day-to-day functioning of the dam.

Chief Justice Sheel Nagu and Justice Sumeet Goel perusing the affidavit submitted by the Chairman of Bhakra Beas Management Board (BBMB) noted that he was stopped by the Punjab Police to enter the premises of the dam.

"Prima facie, the affidavit indicates an element of contempt. If the police do not allow him to enter the premises, how can he discharge his functions? He can only do so when he is permitted entry," the Court orally observed.

The Court further observed that it cannot go into the legality of the meeting or whether it was passed by the competent authority and said, "as long as the order stands it has to be complied."

During the hearing, the Senior counsel Rajesh Garg appearing for BBMB submitted on affidavit that the premises was locked by the Punjab Police and the chairman was not allowed to enter.

ASG Satya Pal Jain, appearing with senior panel counsel Dheeraj Jain, also submitted details of the meeting convened on May 02 by the Union Government and stated that two officials from the Punjab Government were present, and therefore, they were fully aware of it.

The Court asked the ASG, who is the competent authority to decide on the representation made by dissenting party from the decision of the meeting to the Centre?

Responding the query, the ASG answering, "Secretary, Ministry of Power."

AG Haryana Pravinder Singh Chauhan intervening the proceedings, said, "May I clarify one thing? it was Home Secretary who had called for the meeting because the Punjab Police had over taken the Bhakra dam. The request of Haryana was for the implementation of the orders (to release water to Haryana)."

Senior counsel for the Punjab Government, Gurminder Singh along with AG Punjab Maninderjit Singh Bedi and Additional AG Chanchal Singla , submitted that the meeting convened on May 2 was not about the allocation of water, but rather focused on the law and order situation as submitted by the Haryana AG. He added that the Punjab Government had filed a representation dissenting from the decision on water allocation, which now requires adjudication by the Centre.

He added that, "Haryana Government overnight passed an order transferring an officer of the BBMB from Punjab cadre... and a Haryana cadre officer was asked in place of him to illegally release water to the Haryana...share of Punjab cannot be given without any adjudication. Once our stand is noted, it has to be adjudicated.."

Again noting the content of the affidavit submitted by BBMB that the premises was locked, the Chief Justice Sheel Nagu said, "we have specifically said in the order to abide by the decision...We cannot go into order, whether it was passed by the competent authority or not as long as the order stands it has to be complied  "

Senior Counsel Singh further stated that Punjab shares a 500 km border and that the defense and police forces are currently engaged in sensitive duties, which should not be discouraged at this stage and requested to adjourn the matter for Monday to seek instructions.

The Court responded, "We are not sending your clients to jail; we are only issuing a show-cause notice, which you will have time to respond to."

The Court further added it can withhold action in view of the sensitive situation, provided counsel representing Punjab Government make a statement that it will comply with the Court's order passed on May 6.

To this, Senior Counsel Singh replied, "I have no instructions on that."

Now, the bench is yet to pass a detailed order.

Background 

Amid the ongoing dispute between the states of Punjab and Haryana over sharing of Bhakra Nangal dam water, the High Court yesterday (May 8) asked the Chairman of BBMB to file on affidavit his claim that the Punjab Police stopped him from releasing water to Haryana. Pertinent to note that on May 7, the High Court passed an order restraining the Punjab police from "interfering" in the day-to-day functioning of the dam. However, appearing through video conference mode, BBMB Chairman Manoj Tripathi apprised the Court that two BBMB officers who were directed to release 200 cusecs water to Haryana were restrained by the police agency.

The Chairman himself claimed to be "gheraoed" at the guest house by some civilians, when the Punjab Police rescued him. The Court had then directed Tripathi to file his statement on affidavit.

The Court had further directed that Additional Solicitor General of India Satya Pal Jain to produce the relevant minutes of meeting dated May 2, where it was decided to release 4500 cusecs extra water to Haryana in 8 days, for meeting emergent needs of the State.

The development comes in a contempt petition moved by a Gram Panchayat, alleging that the irrespective of the High Court order asking the Punjab Police not to interfere with the day to day activities of the Board, the agency restrained the BBMB officers from discharging their duties.