PUNJAB's FINEST HOUR ON THE SYL CANAL ISSUE: Punjab Assembly unanimously passes the historic 'Punjab Termination of Agreements Bill, 2004', on July 12 which cancels ALL past unequal agreements about Ravi/Beas waters
Sonia Gandhi nominated Manmohan Singh government plans to seek instructions from India's Brahmin-dominated Supreme Court to sabotage 'Punjab Termination of Agreements ACT, 2004', - the unanimous will of Punjab - with legal hocus-pocus
4 million Diaspora Punjabis thrilled by the news & offer full support & salute every member of the Punjab Assembly specially the Amrinder-Badal duo for their unity over the SYL issue
Washington, D.C., Wednesday, July 14, 2004 - 'The Punjab Termination of Agreements Bill, 2004' - now an ACT after the Punjab Governor's signature - which was unanimously passed by the Punjab assembly, in a rare and historic show of unity, on Monday July 12, 2004, has cancelled all previous agreements on use of Ravi/Beas river waters while allowing the new bill to protect the "existing FREE use" of water by non-riparian states of Haryana and Rajasthan. Bravo! But what about the enequal agreements about the waters of the Sutlej river being distributed to non-riparian states for decades FREE OF CHARGE?The four million Punjabis in the diaspora (3 million Sikh and one million other religions) salute every member of the Punjab Assembly for their couragious stand on Punjab's river waters, a matter of vital importance not only for us, but also for our children and their children. Punjab Chief minister Captain Amrinder Singh and former Chief minister Parkash Singh Badal both deserve special mention for ignoring their many differences and uniting on the SYL issue.
The Punjab Assembly's abrogation of unequal and illegal Ravi/Beas river water-sharing accords with neighbouring states on Monday July 12, 2004, turned the Indian Parliament into a fish market on Tuesday as Prime Minister Manmohan Singh's efforts to bring down the heat on the issue, (as every one showed his true anti/Punjab colors specially the BJP) made little headway. The Punjab Chief Minister Capt. Amrinder Singh ruled out any rollback of the decision - the bill is now an Act - and Haryana Chief minister making noises about keeping open Haryana's option of moving the prejudiced Supreme 'Kangaroo' Court for relief. Prime minister Manmohan Singh was reported to have proposed a meeting of four chief ministers of Punjab, Haryana, Himachel and Rajasthan (he forgot the Kashmir Chief minister) to sort out the problem soon.
'The Punjab Termination of Agreements Bill, 2004', removes the very basis (the unequal and illegal Ravi-Beas river water sharing agreement of December 31, 1981 between Punjab and the non-riparian states of Haryana and Rajasthan and also all other agreements relating to the water of the rivers, Ravi and Beas only) which was used by a bigotted Supreme Court Bench to brazenly order, on June 04, 2004, the immidiate construction of the 123 Kilometers long Punjab section of the defunct SYL (Sutlej-Yamuna Link) canal project. For a backgrounder on the SYL canal issue - all you ever wanted to know on the issue - please see Khalistan Calling dated June 09, 2004, headlined, "Indian Supreme Court issues 'Punjab-be-Damned' judgement on June 4, 2004 (20th anniversary of June 1984 anti/Sikh pogroms) in favour of non-riparian Haryana state on the SYL canal issue," which has links to twenty four columns we have written on the subject since 1999: > /home/khalistancalling/2004/june09.aspx.
The Punjab Termination of Agreements ACT -2004', absolves Punjab of discharging any obligations under the 1981 arrangement, which was strong-armed by the then Indian prime minister, Mrs. Indira Gandhi, infamous for having ordered the June 1984 assault on Sikhism's holiest shrines in the Durbar Sahib ('Golden Temple') complex, in the holy city of Amritsar, in which thousands of Sikh pilgrims were murdered by the Indian Army. Under the unequal Ravi-Beas river water sharing agreement of December 31, 1981, Ravi-Beas water flow series were shown to have increased, by some Brahmanical mantar (magic), from 15.85 MAF in 1921-45 to 17.17 MAF in 1921-60. The allocation of water, made to the states concerned, under that unequal 1981 Agreement was as under:- Haryana (non-riparian) 3.50 MAF, Rajasthan (non-riparian) 8.60 MAF, Delhi (non-riparian) 0.20 MAF, Punjab (riparian) 4.22 MAF and Jammu and Kashmir (riparian) 0.65 MAF. The availability of the Ravi-Beas water, claimed to be 17.17 MAF, on December 31, 1981, later turned out to be only 14.37 MAF, as per the flow series of 1981-2002.
The Indian Supreme Court bench, (consisting of Ms. Justice Ruma Pal and Mr. Justice P. Venkatarama Reddi) in its June 04, 2004, judgement, when it behaved like a Kangaroo court, had ordered the Central government to appoint an agency to undertake the SYL canal's completion under an Empowered Committee and Punjab was told to hand over the canal works to the agency within two weeks thereafter and ensure adequate security for the staff of the agency. The Manmohan Singh government instead of sympathizing with the Punjab then went about energetically and obediently appointing, the Central Public Works Department (CPWD), on July 02, 2004, as the agency assigned to complete the Sutlej Yamuna Link (SYL) Canal, which is supposed to syphon an additional 3.5 million acre-feet (MAF) of Punjab's Sutlej-Beas river waters to non-riparian, Hindu-majority state of Haryana free of charge. In a notification issued in New Delhi on July 02, 2004, the Union Ministry of Water Resources also set up an Empowered Committee (headed by the Chairman, Central Water Commission) for early implementation of the June 4, 2004, Supreme Court order as a result of which Punjab was supposed to hand over the 123 Kilometer long SYL canal works by July 15, 2004, to the central government nominee.
Immediately after the Bill was passed in the Punjab assembly, on Monday July 12, 2004, the Punjab Chief Minister, Capt Amarinder Singh, accompanied by the Leader of the Opposition, Mr Parkash Singh Badal, PPCC president, Mr H.S. Hanspal, Ms Rajinder Kaur Bhattal, Mr Partap Singh Bajwa and a team of legal experts went to Raj Bhavan (Governor's House) to meet the Governor, Justice (retired) O.P. Verma to request him to give his immidiate asscent to the Bill, as the dead-line for compliance with the Supreme Court order was July 15, 2004. The combined delegation spent an hour with the Governor and convinced him to sign the bill, which he did the same day to his eternal credit.
Capt Amarinder Singh told Tribune News Service that he had not discussed the Bill with Ms. Sonia Gandhi. (http://www.tribuneindia.com/2004/20040713/main1.htm) "Why involve her? When I go to Delhi, I shall brief her". Referring to the broad clauses of the proposed Bill, Capt Amarinder Singh maintained that, "riparian and basin principles were ignored all along and allocation of the Ravi-Beas waters had always been affected by ad hoc decisions and agreements, dictated by prevalent circumstances. Here was a typical case involving 'emotive' issue of impending transfer of water from 'deficit' Ravi-Beas basin to the 'surplus' Yamuna basin. No reliable and scientific study of hydrological, ecological and sociological impact of such large scale trans-basin diversion from Punjab to Haryana and Rajasthan had ever been undertaken. Besides this transfer, diversion was even contrary to the National Water Policy guidelines."
Earlier presenting the 'The Punjab Termination of Agreements Bill -2004', to the Punjab Assembly, Chief minister Capt. Amarinder Singh made an emotional speech giving facts, figures and background to the entire issue of sharing of river waters and steps taken in the recent past to protect and safeguard the interests of Punjab, particularly the farmers and save nine lakh acres going dry and barren, which would affect the livelihood of 1.5 million families if the SYL canal was constructed. All three rivers, the Ravi, the Beas and the Sutlej, flow through the present Punjab and none through either Haryana or Rajasthan. No part of territories of these states fall within the basin areas of the Ravi and the Beas. Despite that the present utilisation by Haryana was about 5.95 MAF, about 4.33 MAF from Sutlej and about 1.62 MAF from the Ravi-Beas water, through the existing systems. Also out of 17.17 MAF of socalled 'surplus' Ravi-Beas water, only 4.22 MAF was allocated to Punjab, a riparian state, against higher quantities allotted to non-riparian Haryana and Rajasthan.
According to some media reports the Bill seeks to over-ride the June 4 Supreme Court verdict which directed the Punjab Government to hand over to the Centre government, by July 15, 2004, the entire project of constructing the Sutlej Yamuna Link Canal. Since the Supreme Court decision was based on a 1981 agreement between Punjab and Haryana to share a certain quantum of Sutlej water, the Bill passed on Monday by the Punjab Assembly seeks to supersede the contract with a legislation. Punjab’s strategy is based on the principle that a legislature is competent to remove the basis of a judgment by enacting a law.
But chief minister Amarinder Singh kept his options open, saying the clause could be amended to suit Punjab’s interests if the need arises. "Punjab has no extra water to spare. If the canal is constructed, 15 lakh families would lose their livelihood," he warned.
Regarding the reported move of the State Government to go for the annulment of all past agreements on river-water sharing, Mr Parkash Singh Badal said that the Central government did not have any right to decide on this issue. "Water is a state subject and it cannot be distributed," the former Chief Minister added.With the unanimous passage of theTermination of Agreements Bill - now an ACT - Punjab absolved itself of discharging its obligations under the Ravi-Beas river water sharing agreement of December 31, 1981.
Meanwhile the TRIBUNE reported that Haryana Chief Minister, Mr Om Prakash Chautala, has reacted with a warning that a constitutional crisis would be created if the Supreme Court decision was not respected. "We are confident that the canal inside Punjab would be completed as per the apex court's verdict. If Punjab or the Union Government delays it, we will again knock at the doors of the Supreme Court." Referring to the Bill passed by the Punjab Vidhan Sabha he is reported to have said: "What the Punjab Vidhan Sabha does is not Haryana's concern. If the highest court's verdict is not implemented, then there may be a constitutional crisis."
An article in yesterday's Indian Express, written by one Minoj Mitta, claims that if the Punjab Governor gives his assent to 'The Punjab Termination of Agreements Bill, 2004', (latest reports indicate that he has) the Supreme Court is likely to strike down the law as it did to an ordinance in the Cauvery case. The apex court then had declared the Karnataka Government’s ordinance to be unconstitutional as it was contrary to the principles of natural justice, as the Karnataka Government had,"assumed the role of a judge in its own cause." There is a big difference which the Indian Express doiid not mention. Tamil Nadu is a riparian state while Haryana and Rajasthan are NOT.
Instead, of waiting for a letdown by the Brahmin caste-dominated Supreme Court, who will be approached by the weak Manmohan Singh central government for instructions, the Punjab leadership ought to harness the current unity and start drafting legislation to cancel ALL unequal agreements since 1947 pertaining to ALL the Punjab rivers (Sutlej, Ravi & Bias et al.,) as river water is a state subject under the Indian constitution and a salable commodity under Internatoional Law. It is about time Punjab woke up and claimed it's divinely ordained inheritance which income can be used to eradicate poverty and improve the life of the Punjabi masses.