The last nail on the coffin

Supreme Court verdict to release water as per its earlier decision in Cauvery row is last nail on the coffin. Supreme Court has shown a brazen intolerance towards Karnataka and handled Tamilnadu with kid gloves. It has not bothered to hear Karnataka's plea at all. Instead it went on delivering its premeditated, preconceived and prejudiced orders. The verdict, even a layman understands were given not on merit, arguments or based on material furnished to it OR on principle of natural justice and smacks of utter disregard to the principles of jurisprudence. Because while there was no prayer from Tamilnadu to constitute Cauvery monitoring board it was ordered to form one and our impassionate plea to send technical committee to evaluate availability of water and then decide on the matter was just brushed aside and was not at all heard. The survival of crops in Tamilnadu was given priority and precedence over the lives of people of Karnataka. A clear case of biased and not an impartial judgment. It only confirms my apprehension expressed in my blog dated 15.09.2016 that judges too are human beings and are subjected to and are influenced by feelings and emotions.

Central government also has done its bit to rub salt into the wounds. It has also not acted with the conviction and commitment it should have and only completed formality. Also it has played spoilsport because there is an opposition government in the state. It has not demonstrated statesmanship when it is most required. Unfortunately petty politics has prevailed.
At the end of the day, we deserve this because we only have elected these people.

And the battle goes on

Today's direction of the Supreme Court to Karnataka to release 18 cusecs of water for 3 days despite Karnataka's pleading /prayer /argument of its inability to do so has put the state in quandary. Karnataka has again floundered in its line of defense /argument. It was under wishful thinking that the legislature route it has taken to avoid the release of water would save the day for it. Is Supreme Court that naive unable to decipher the designs of Karnataka? Karnataka should have harped on shortage of water, and the whole of Bangalore city is dependent on Cauvery for its drinking water requirement where as Tamilnadu is demanding water for its crop. Karnataka should have driven home the point that water for drinking takes precedence over water for raising crops which Tamilnadu is demanding. The contention of Fali Nariman was simply not heard by the judges. It finally directed Karnataka to release the water as per its earlier order. The situation is slowly snowballing into a bigger and larger issue - which is Supreme? whether Judiciary OR Legislature.
In all it is a disappointing day for Karnataka.

Punishment through Judgements.

The Supreme Court Judgement yesterday ie. on 20.09.2016 in Cauvery water row has been the most cruel. One cannot help coming to an inference that it is arbitrary simply because the Judgement lack any reason or  basis. The most vexed and sensitive issue was handled by the top court in a cavalier manner. The speed and ease with which this case was dealt smacks of prejudice and gives one an impression if this is premeditated judgement.

The direction to the center to form a body to administer the dams and its water is most unexpected and unsolicited and gives it an aroma of partisanship. The judgement has delivered injustice to Karnataka. The government would do well to appeal to the  Chief Justice of the Supreme Court to transfer the case to a larger constitutional bench and review the order of the three member bench. The other options for the government could be on a political and diplomatic level. The government of Karnataka is in a most unenviable position on one side fighting the case and on the other maintaining law and order. It has got to align with and respond to the expectations of the people of Karnataka and at the same time perform the duties of the state under constitutional scheme of things and judicial obligations. It is "between the rock and a hard place".

All is not well in the big.

The recent revelations in one of the largest banks in the world and the third largest bank in America is disturbing to say the least. The modus operandi adopted by the employees to achieve the stiff and often impossible targets set by the bosses is abhorring and highly obnoxious.
The employees of one of the largest banks in the world resorting to this kind of fraudulent shortcut methods is unthinkable. What is even more scary is the fact that this fraudulent practices are being perpetrated for many years. Has the humongous size of the bank in some way helped in not unearthing this fraudulent practice by the employees OR is it the crass negligence/failure of control and monitoring mechanisms in the bank is the moot question.

Whatever be the cause, the developments in Wells Fargo do have some definite lessons to draw from, for our policy makers and administrators especially in the wake of mergers. The reason being attributed in favor of merger being the SUPPOSED advantage of the size. Whether the size will make or mar the bank, only time will answer.

K N Krishnan.

Cauvery water row

Yesterday's strictures against Karnataka by the  Supreme Court in Cauvery case has "rubbed salt into the wound". Krishna Iyer, the most respected judge of the Supreme Court once said - Supreme Court is *not infallible*. It is Supreme because there is no scope for further appeal against its decision.
*Unquote* : It is infallible because the judges who are sitting over judgment are also human beings who are prone to emotions, feelings, idiosyncrasies, mental predilection, bias and whatever feelings a human being can experience. Of course application of human intellect in the delivery of justice is a quintessential element but to keep the judgement free from the above influence is the hardest thing. The fact that one of the judges in the bench was an advocate for Jayalalita for over 15 years only reinforces my above apprehension.

Yesterday's developments in the Supreme Court is nothing but *judicial tyranny*. It's an injustice delivered to Karnataka. Somehow there is a perceived feeling (which is difficult to negate) that Karnataka's lawyers have faltered in the case.

The kind of decision today's cabinet will going to take will be either historical one or a lackadaisical and lame duck one. Let us wait for that big moment with patience.