‘Allowed water to enemies': Central govt's counsel invokes Guru Gobind Singh in HC
10th Sikh master Guru Gobind Singh
CHANDIGARH: Opposing Punjab govt's plea against allocation of additional water to Haryana from BhakraNangal dam project, the central govt's counsel on Monday invoked 10th Sikh master Guru Gobind Singh, who had allowed water to even his enemies.
During the resumed hearing of the matter, additional solicitor general (ASG) Satya Pal Jain, representing the Centre, narrated an incident in the courtroom where the Sikh Guru had summoned Bhai Kanhaiya to explain a complaint about his actions on the battlefield. Jain explained that when Guru Gobind Singh asked Bhai Kanhaiya about the Sikh soldiers' claim that he was serving water to the enemy, allowing them to recover and fight again, Bhai Kanhaiya responded to the Sikh Guru, saying: 'It is true, but I saw no Mughal or Sikh on the battlefield, I only saw human beings.
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Jain added the Guru was pleased with the reply, and he also gave some medicines to Bhai Kanhaiya, telling him: 'From now on, you should also put this medicine on the wounds of all who need it.'
Jain also submitted to the bench that during the May 2 meeting chaired by Union home secretary on water dispute, two officers from the Punjab govt were also present and they had not come forward to dispute the decision taken in the meeting till date.
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Contesting Jain's claims, senior advocate Gurminder Singh, while representing the Punjab govt, submitted that according to Article 166, the Union govt is required to record the conduct of business, but the same was not recorded. He claimed that the minutes of the May 2 meeting were recorded only on May 9. 'Farman-e-Shahi is not recognised by our Constitution,' the Punjab counsel submitted while objecting to the proceedings of the May 2 meeting.
After hearing all parties, the division bench comprising Chief Justice Sheel Nagu and Justice Sumeet Goel reserved the verdict.
In this case, the Punjab govt had approached the high court to seek a recall or modification of its May 6 order, which directed the state to comply with the May 2 meeting decision, chaired by the Union home secretary, on releasing additional water to Haryana from the Bhakra dam. The state had claimed that the direction in question was passed on account of concealment of material facts by BBMB in the petition.
According to Punjab's plea, in case of any policy decision or where the rights of any state is affected, the matter is to be referred to the central govt through the chairman of the Bhakra Beas Management Board.
However, despite the matter being already referred to the central govt for deciding the issue under Rule 7 of BBMB Rules 1974 and no decision being taken on it, the board again convened a meeting on April 30, wherein, without any adjudication by the competent authority, it decided to release 8,500 cusecs of water to Haryana.
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