SC rejects Punjab’s plea for post-poll hearing of SYL case

R Sedhuraman

Legal Correspondent

New Delhi, January 18

The Supreme Court today rejected Punjab’s plea for adjourning the hearing on the Sutlej-Yamuna Link (SYL) canal dispute till the new government assumed office in the state. While polling is slated for February 4, counting of votes will take place on March 11.

A Bench comprising Justices PC Ghose and Amitava Roy granted three weeks to Punjab for responding to Haryana’s plea for executing apex court’s 2004 directive for completion of the SYL canal. It asked Haryana to file its reply in one week thereafter.

Arguing for Punjab, senior counsel Ram Jethmalani said the Centre should show statesmanship and resolve the dispute over sharing the waters of Ravi and Beas rivers, instead of letting the two states fight a legal battle.

The Bench, however, clarified there was no way Punjab could shirk its responsibility as the apex court would ensure implementation of its orders for completing the construction of the SYL canal, which would enable Haryana to draw its share of Ravi and Beas waters.

Appearing for the Centre, Solicitor General Ranjit Kumar said the apex court’s decrees could be executed only if the Punjab Termination of Agreements Act, 2004, was struck down by the SC. A five-member Constitution Bench held the Act invalid while answering the presidential reference on the issue on November 10, 2016, but this ruling was only advisory in nature, he pleaded.

The Bench also asked Haryana as to why it did not challenge the Punjab Government’s notification returning the farmers land acquired for the SYL canal. Senior counsel Jagdeep Dhankar said the state’s plea for execution of the decree automatically covered that aspect too.

Rejecting Punjab’s plea for post-poll hearing, the Bench pointed out that the apex court had already ruled that change of governments was irrelevant to hearing cases pending with it.

The Centre said its response to Haryana’s application was ready and this would be filed later this week.

The Bench said its November 30, 2016, order for maintaining status quo on the SYL land would continue and that would be ensured by three court receivers—the Union Home Secretary, Punjab’s Chief Secretary and the Director General of Police.