Plea on security for Tamils dismissed

The first bench of Chief Justice Indira Banerjee and Justice Abdul Quddhose before whom the plea came up, said, “Under Article 226 of the Constitution, the High Court can issue writ within its territorial jurisdiction or where the cause of action arose either in part or whole within its jurisdiction. The apprehension pertains to fate of Tamilians living in Karnataka. This court lacks territorial jurisdiction to entertain this petition.”

Also observing that the Supreme Court is seized of the Cauvery water dispute and it would not be appropriate for the High Court to issue an order, the bench said, “The court might have directed the authorities in Tamil Nadu to take appropriate steps to protect law and order if there were any apprehensions or breach of law and order in the state. Unfortunately, the petitioner expresses apprehension relating to law and order in Karnataka.” “We need not assume that the government of India or state authorities will not take steps to protect law and order. This petition can’t be entertained and the same is dismissed,” it said.

The petitioner had submitted that the 120-year-old Cauvery dispute has now been resolved by the verdict of Supreme Court. Even though the share of Tamil Nadu is reduced in the judgment the people of Tamil Nadu has taken a decision to put pressure on the Government of India to form Cauvery Management Board (CMB) within 6 weeks in terms of the judgment of the Supreme Court.

But the present government of Karnataka resisted the formation of CMB from the inception and the pro Karnataka organizations called for state wide shut down on April 12 and past experiences indicate brutal attack on Tamilians in Karnataka by communal based parties, the petitioner said.