Dear Friends of Conscience and Integrity,
This is regarding the Punjab Termination of Agreements Act, 2004, unanimously passed by the Punjab Assembly on July 12, ’04, which has shaken the country to its roots resulting in the President of India seeking Supreme Court’s verdict whether or not the Act was lawful.
Among the series of injustices and deprivations suffered by Punjab since the partition of India in 1947, the Government of India again struck a deadly blow to Punjab while passing the Punjab Reorganization Act, 1966, by incorporating there in the unconstitutional provisions of sections 78, 79 and 80 in regards to control of Bhakra Dam Project and its hydel works. When the Punjab Akali Dal Government challenged it in the Supreme Court, it was dismissed by the Government of India . The new Congress Chief Minister Darbara Singh had to withdraw the case from the Supreme Court under pressure.
Water being of crucial importance, some Punjab Farmers Organizations put in Writ petitions in the Punjab and Haryana High Court challenging the illegality of these sections. The Chief Justice S.S. Sandhanwalia after preliminary arguments, constituted a full bench, with himself as the Presiding Judge, and ordered on 22.11.1983 the last working day of the week, that the case be heard on 25.11.1983. During the intervening two days (holidays) two things happened. Justice Sandhanwalia was transferred to Patna High Court. The Attorney General of India made an oral request to the Supreme Court that the case being of national importance, it should be decided by the Supreme Court. The request was granted. The case was taken on the Supreme Court file for adjudication in Nov. 1983 where it is still pending for the last 21 years.
Much later, the Punjab and Haryana High Court, on Jan. 15, 2002 , responding to a suit under Article 131 of the Constitution ordered the completion of the S.Y.L. (Sutlej Yumna Link) Canal within one year of this order. It is this order that the Punjab press and politician all over India are asking for compliance by the Punjab Govt. forgetting about the cases filed by the Punjab Farmers Organizations in 1983, which are still pending.
The Indus Basin Water Treaty, 1960.
Before partition of India , Ravi , Beas and Sutlej rivers flowed into the present Pakistan areas as well. But later, during the fifties of the last century when Indian Govt. tried to divert the waters of these rivers to India , a war like situation developed between India and Pakistan . In view of these explosive circumstances, the World Bank intervened to construct two dams for water storage and some new Canal system in Pakistan and provided massive financial assistance amounting to 1.09 Billion dollars for this project besides other technical expertise. While emphasizing the urgency for this project, President Mohd. Ayub of Pakistan pleaded with the President of World Bank saying, I have travelled the areas likely to be affected by the withdrawal of these water to India. People have told me very plainly that if they have to die through thirst and hunger, they would prefer to die in battle. …………This is a human problem of grave nature and can not be blinked away. With the help of friendly countries such as USA, the UK, Canada, West Germany, Australia and New Zealand who provided funds and other needed assistance, the Indo Basin Water Treaty, 1960, came into force allocating the three eastern rivers Ravi, Beas and Sutlej to India and the western rivers Chenab, Jhelam and Sindh to Pakistan. This saved a very ugly situation in the Indian Sub Continent.
It was during the investigation by the World Bank regarding the use of waters of these three eastern rivers, that India in order to strength its case for more waters included Rajasthan’s need of 8 M.A.F. (Million Acre Feet) water which later resulted in construction of the Harike Headworks for carrying water to Rajasthan. But let it be clearly understood that it was a different matter to do this exercise for consumption of the World Bank, but drastically tragic, inhuman, immoral and above all unconstitutional act to carry away 75% of the Punjab river waters to the non-riparian states of Rajasthan, Haryana and Delhi. The late Prime Minister Indira Gandhi gave her award in 1976 in respect of the 15.2 M.A.F. waters of the three Punjab rivers as under;
Punjab and Haryana to get . . . . . . 3.5 M.A.F. each
Delhi to get . . . . . . . . . . . . . . . . . . 0.2 M.A.F.
Rajasthan to get . . . . . . . . . . . . . . . 8.0 M.A.F.
This unfair distribution was done when the entire water of these rivers was not sufficient even for the Punjab as the following figures would show;
a) Total cultivable area in Punjab ……………………………..105 Lakh Acres
b) Annual water requirement per acre of land for
two crops of wheat and rice…………………………………5 Acre feet of water
c) Total annual water requirement of Punjab ……………105 lakh x 5 = 5 Crores and
25 Lakhs Acre feet of Water
Total water annually available in the three rivers ………..3 Crores and 27 Lakh Acre feet
In other words, Punjab is short of about 2 crores acre feet of water annually.
The illegal and unethical 75% allocation of the three Punjab river waters to non-riparian states had resulted in the following situation in Punjab during the eighties of the last century.
a) Areas irrigated by canal waters……………………………..35 Lakh Acres.
b) Areas irrigated by tubewells………………………………..50 Lakh Acres.
c) Areas without any means of irrigation, except rainfall………20 Lakh Acres.
In 1960-61 there were 91 thousands tubewells in Punjab . By 1981 this number increased to 6 Lakhs, half of them run by diesel.
Irrigation by canal water is the cheapest and the best. Tubewell irrigation by electricity is three times more costly and by diesel is ten times more costly than by the canal water.
Besides this, the ground water table in Punjab is shallow. As such not more than thirty lakh Acre feet of water should be drawn out by the tubewells. But by 1981, 120 lakh acres feet of water was drawn out by the 6 lakh tubewells. A quarter century later, i.e. at present, situation has become chaotic. It has resulted in water level table going down by 15-20 feet in Punjab rendering many tubewells dry and unworkable and resulting in many cases of suicides by the Punjab farmers. It is this Punjab who had made the starving Indian nation a surplus state in foodgrain through Green and White Revolutions during the Sixties of the last century and got itself turned into a semi – desert. A Prof. of Punjab Agricultural University Ludhiana , recorded, How long shall this state of affairs last? We must take steps to correct the situation, lest our children and grand children inherit a land returned to semi-desert.
According to Tribune, Chandigarh , of Aug. 3,’04 ( internet ) the four – point reference by the President had sought the Supreme Courts opinion on;
I ) Whether the Punjab Termination of Agreements Act 2004, and its provisions
are in accordance in the Constitutions of India .
II ) Whether the said Act and its provisions are in accordance with the provisions
of Section 14 of the Inter – State Water Dispute Act, 1956, Section 78 of the
Punjab Reorganization Act, 1966, and the Notification of March 24, 1976 ,
issued there under.
III ) Whether the State of Punjab has validly terminated the Agreement of Dec 31,
1981, and all other Agreements relating to Ravi – Beas Waters and is discharged
from the obligation under the said Agreements.
IV ) Whether in view of the said Act, passed by Punjab on July 12,’04 , it is
discharged from the obligation flowing from the Supreme Court Judgment
on Jan 15, 2002 and June 4, 2004 , in the S.Y.L. Canal .
The following maxim is inscribed on the steps of Supreme Court in Washington DC :
Where Law ends, tyranny begins !
But where the law is tyrannical, what happens !
The river waters is a State Subject according to the Constitution of India. As such, the Govt. of India cannot pass any law with regard to the management of river waters but by the inclusion of Sections 78, 79 and 80 of the Punjab Reorganization Act, 1966, the Govt. of India retained control of the Bhakra Dam Project and its hydel works, which is clearly un Constitutional. It is, therefore, that the Supreme Court has not taken up the petitions of Farmers Organization during the last 21 years. It was under these suffocating circumstances that the Punjab Assembly had passed the Punjab Termination of Agreements Act, 2004, to avoid disaster to the Punjab State . Also, the Punjab Assembly had rejected even earlier the above quoted distribution of Punjab River Waters to the non – riparian states vide its resolution of Nov. 5, 1985. Hence the imperative need is to request the Supreme Court to first pronounce on the Writ petitions of Farmers Organizations, pending since 1983, before taking up the President’s reference for opinion.
This is, Sir, the background to understand the present Punjab River Waters problem requiring immediately petitions of mercy to the Supreme Court for which a model is given below.
Yours Sincerely,
Karnail Singh.
Dear Hon’ble Chief Justice,
Some Farmers Organizations and other Punjabis had filed some Writ petitions in the Punjab & Haryana High Court in 1983. The purpose of these writs was to challenge the Constitutional validity of sections 78, 79 and 80 of the Punjab Reorganisation Act 1966. The Hon’ble Supreme Court transferred these cases to itself for adjudication during the year 1983. It is the contention of the Punjab farmers as well as Constitutional experts that the above quoted sections violate the principles enshrined in the Constitution of India.
We the undersigned are concerned about the fate of the Punjab which squarely depends upon whether it will be able to retain its own river water or not. We request the Hon’ble Court through you to give a judicial finding on these Writ petitions taken up by the Court 21 years ago and never heard of again.
We further believe that the Hon’ble Supreme Court cannot render proper and legal advice to the President of India over the Punjab Termination of Agreements Act 2004 unless it first pronounces upon the legal aspects of the above mentioned writ petitions pending before the Supreme Court since 1983.
The Hon’ble Mr R.C. Lahoti,
Chief Justice of Supreme Court Yours Faithfully
Tilak Marg,
New Delhi, India. ( )
C.C.
1. The Hon’ble Dr. A.P.J. Abdul Kalam
President of India ,
Rashtra Bhavan, New Delhi .
2. Prime Minister Dr. Manmohan Singh,
Govt. of India ,
Central Civil Secretariate,
New Delhi , India
3. Capt. Amrinder Singh,
Chief Minister,
Govt. of Punjab ,
Chandigarh India
