editorial articles reviews news & views - Institute of Sikh Studies

58
ABSTRACTS OF SIKH STUDIES : APRIL-JUNE 2005 / 537 NS
duty-bound to discharge their bonafide duties for the benefit of the
people of the state; if they waste any state property or give it away to
anyone without consideration, for their vested interests, even to retain
political power or to get monetary gains or for any other reason
whatsoever, it would be null and void. The construction of SYL
canal was also a part of this so-called agreement. It does not confer
any benefit on the state or its people. Can it ever be in the interest of
state and its people to waste thousands and thousands of acres of
land belonging to thousands of land owners to construct a canal to
take Punjab river waters to Haryana without any consideration and
make the remaining Punjab land semi-desert and unfit for agriculture
No land for such a purpose could even be acquired under the Land
Acquisition Act, being not for public purpose, rather anti-public
purpose.
Punjab state and its people were not allowed to get the judicial
verdict in these unlawful and unjust distributions of Punjab river waters.
The case filed in the Supreme Court by Punjab state was got withdrawn
by Indira Gandhi by putting undue pressure on the Congress Chief
Minister Darbara Singh. The cases filed in Punjab High Court against
1981 distribution were fixed for hearing by Chief Justice S S
Sandhawalia for Nov 15, 1983, by the Bench to be presided over by
him, but he was transferred a day earlier to Patna High Court. Those
cases were transferred to Supreme Court on Nov 18, 1983 on the oral
request of the Attorney General, and have not been fixed for hearing
as yet in the last over two decades. Supreme Court rather, on the
application of Haryana state directed the Govt of India on June 4,
2004 to get the SYL canal constructed through its agency, as Punjab
Govt had not constructed it as per the agreement. Govt of India
authorized Central Public Works Department to construct the canal.
Punjab Legislature, in a special session in July 12, 2004 enacted
the Punjab Termination of Agreements Act 2004, terminating 1981
Agreement and all other agreements relating to Punjab river waters
unanimously. It exhibited unity in the matter of Punjab river waters
that these waters must be exclusively for Punjab, as it can no longer
afford to give it to any other state. Punjab legislature has the
jurisdiction to enact such law, the river waters being under its exclusive
powers being the subject of state list. It is perfectly legal and