The Punjab and Haryana High Court on Tuesday came down heavily on the ongoing water dispute between the States of Punjab and Haryana, likening the internal conflict to the country’s tensions with Pakistan. The Division Bench of Chief Justice Sheel Nagu and Justice Sumeet Goel was hearing a plea filed by the Bhakra Beas Management Board (BBMB) over alleged obstruction of water release to Haryana by Punjab at the Nangal dam.
“We are doing this to our enemy country. Let us not do this within our States,” remarked Chief Justice Nagu, expressing concern over the inter-state deadlock.
BBMB FLAGS DAM TAKEOVER BY PUNJAB
The BBMB, through Senior Advocate Rajesh Garg, alleged that Punjab had increased police deployment at the Nangal dam and obstructed the release of water allocated to Haryana, despite a resolution passed by BBMB permitting it.
“The reservoir is going to overflow and the downstream States are going to go dry,” Garg said, calling for intervention and suggesting central paramilitary forces be deployed to ensure the dam’s neutral operation.
PUNJAB DEFENDS ITS ACTIONS
Representing Punjab, Senior Advocate Gurminder Singh maintained that law and order is a State subject and that BBMB has no authority over police deployment.
“Law and order is the State subject. BBMB cannot say what police should do or police would be deployed. They want illegal resolutions implemented. In such a delicate time when border tensions are there, please take into consideration,” Singh argued.
Singh further accused BBMB of misleading the court.
“BBMB has misled the Court. What is being stated before milords is nothing but a bunch of lies. Their immediate concern and prayer stands addressed. Police is not interfering. AG has instructions to state that. End of story.”
CENTRE, HARYANA OPPOSE PUNJAB’S ACTIONS
Additional Solicitor General Satya Pal Jain, appearing for the Centre, stressed that the water in question was not Punjab’s alone, but allocated to multiple States, including Haryana, Rajasthan, and Delhi. He criticized Punjab’s unilateral action and called for it to be challenged legally, not handled through force.
“The water is not out of share of Punjab. For me all states are equal. Water comes from Himachal. What happens tomorrow if they stop? This is not in good spirit,” Jain submitted.
Haryana Advocate General Pravindra Singh Chauhan accused Punjab of taking “operational control” of the dam and acting in contravention of constitutional norms.
“They (Punjab) are opposing distribution of water tooth and nail. Under the garb of protecting the dam, what are they doing? This is not their job,” Chauhan said.
He clarified that the BBMB decision to release 8,500 cusecs of water, including quotas for Delhi (1,049 cusecs) and Rajasthan (850 cusecs), was made after expert consultation and must be respected.
“Punjab has objected but decision has been made. Punjab can approach Central government now but their actions at present are not only illegal but unconstitutional,” he added.
COURT WEIGHS SECURITY, CONSIDERS PARAMILITARY DEPLOYMENT
The Court asked who currently secures the dam.
“Who looks after security (of the dam)?” the Court asked.
“Punjab Police does,” Singh replied.
Garg raised concerns about political interference and the increase in police presence from 15 to 55 personnel, calling it a “serious concern” and proposing the deployment of central forces.
“Such institutions are always manned by central paramilitary forces,” the Bench observed.
FINAL ORDER RESERVED
After hearing all arguments, the Court said it would pass an order later today.
