Contempt case made out against Punjab over water row: HC

The High Court here on Friday said prima facie a case of contempt was made out against Punjab as the state did not comply with the order directing it not to interfere in the working of the Bhakra Beas Management Board (BBMB).

A Division Bench of Chief Justice Sheel Nagu and Justice Sumeet Goel said a notice would be issued to the Punjab Chief Secretary and the Director General of Police in this regard.

The Bench, at the same time, made it clear that it would hold its hand till Monday if Punjab assured compliance with the order. A detailed order in this regard was yet to be issued.

A detailed order in this regard was yet to be issued.

Hearing the matter, the Bench asserted that judicial directions, whether right or wrong, were binding until stayed or set aside.

“There is a judicial order that has been passed, rightly or wrongly. Until it is stayed or set aside, it stands and has to be complied with,” the court asserted, noting that there appeared to be “some element of contempt” and that a reply was required.

“We are not sending your officers to jail, we are only issuing notice,” the Bench said, while taking note of senior advocate Gurminder Singh’s submissions on behalf of the state.

Justifying the State’s actions, Gurminder Singh contended that the High Court had on May 6 directed the state to abide by decision of a meeting held on May 2 under the Chairmanship of the Home Secretary to the Government of India.

He said the Bench was given the impression that the release of 4,500 cusecs of extra water to Haryana over a period of eight days to meet its urgent requirements was decided during the meeting, but that was not the case.

He added that the May 2 meeting dealt with law and order issues and had no bearing on water allotment.

He submitted that Punjab or its officials had not impeded BBMB’s day-to-day functioning in any manner.

Appearing for the Centre, Additional Solicitor-General Satya Pal Jain Jain, with senior counsel Dheeraj Jain, said the release of extra water was, indeed, discussed in the May 2 meeting.

After hearing rival contentions, the Bench noted that even the BBMB chairman had categorically stated he was not allowed to enter the installation and that the public had locked the gates — an action described by the Bench as “unbelievable”.

Punjab