Top court proposes panel for new dams

CJP says Kalabagh dam should be built with consensus of all provinces

KARACHI: Chief Justice of Pakistan (CJP) Mian Saqib Nisar has said that controversial projects like Kalabagh dam should only be built with consensus of all four provinces.

The CJP was hearing a petition, filed by Barrister Zafarullah Khan, at the top court’s Karachi registry on Saturday. The petition calls for a referendum on the contentious issue of building Kalabagh dam.

“[Overcoming] water [shortage] is a matter of life and death [for the country]. We will not discuss the Kalabagh dam issue right now, as it has the potential of affecting many people. We have to evolve a consensus among all provinces on this issue. We must now focus on averting the impending water crisis,” he said.



“Let us set up a core committee, comprising water experts, to resolve water scarcity and build other dams. Among committee members will be Aitizaz Ahsan and former Wapda chairmen Shamsul Mulk and Zafar Mahmood. Other experts will later be nominated to the committee. I will personally monitor this [committee] because we have to resolve this issue,” said the CJP.

“After Eid-ul-Fitr, the Law and Justice Department will convene seminars for raising public awareness and generating debates. Recommendations will be referred to parliament, enabling the government to formulate relevant laws for implementation,” he added.

The top judge went on to say, “The Supreme Court is the country’s apex court. I promise that we will not make problematic decisions. We want to devise an alternative solution if four brothers do not agree on building Kalabagh dam. We have to unite people instead of creating rifts,” he said.

Earlier, Barrister Zafarullah Khan suggested holding a national referendum on the issue of Kalabagh dam. “With elections approaching, I suggest we start getting people’s consent and ask them to vote for or against this dam,” he said.

Justice Nisar replied, “Kalabagh dam is no longer on our agenda. We are now discussing how to resolve the ongoing water crisis.”

Terming Kalabagh dam a dangerous project, senior lawyer Mujeeb Pirzado said all provinces had already rejected this dam, which could prove fatal for Sindh.

“The people of Sindh have no reservations over [the building of] other small dams. We will welcome if you can come up with a viable solution to the impending water crisis, but raising dead issues such as the Kalabagh dam again and again creates doubts,” he said.

In response, the CJP said, “As I have already told you, please forget this dam. We are discussing other viable solutions. No need to dwell on insecurities.”

PPP leader Taj Haider pointed out that the stoppage of free flow of River Indus and rapid sea water ingress had eroded 2.5 million acres of fertile lands in the lower riparian, especially the deltaic region of Thatta.

“Sindh is facing water crisis because of dams and upstream storage (reservoirs),” he said.

The CJP wondered why the PPP government failed to implement suggestions of the water commission over the past 10 years.

“The water commission was constituted by the apex court because of which the Sindh government has now started work on various schemes,” he remarked.

Water expert Abrar Qazi, who is heading the anti-Kalabagh dam and Thal canal committee, presented facts and figures against the dam.

When Advocate General of Sindh Zameer Ghumro tried to speak on the issue, the chief justice said that he had already clarified that debate was not on Kalabagh dam. Even then the advocate general presented him with a report compiled by the AGN Abbasi Committee during the Musharraf regime in 2004.

During the hearing, the chief justice also invited former Wapda chairman Zafar Mehmood to elaborate on the dam and water crisis.

In his presentation, Mehmood said he was forced to resign from his post because of a controversy over the said dam.

The CJP interrupted him and said, “Please inform us how we can resolve the water crisis. What role can the court play?”

Mehmood accused India of creating problems for Pakistan and said that successive governments in the country had been criminally negligent because they failed to build dams.

He informed the court on how Pakistan ‘sold’ three of its rivers – Ravi, Beas and Sutlej – to India, which persistently violated the Indus Water Treaty by diverting Pakistan’s water share and building more dams.

“There is a severe water shortage but millions of gallons of untreated industrial effluent is being dumped into water bodies,” he said. “There is no proper policy in this regard,” he added.

According to him, underground water is also being contaminated because of excessive drainage of untreated effluent and fluid waste.

Quetta, he pointed out, could face a severe water shortage in the near future. “Within 10 years, no one [will be able to] find underground drinking water in Quetta where water table has gone down to 750 feet and it will take 200 years to replenish the depleted water in Balochistan’s capital,” he said.



Stressing the need for planting crops with low water requirement, he suggested drip irrigation system and lining of water courses for conserving water.

Mehmood also dwelt on unnecessary wastage of water. “There is no clear policy in this regard too,” he said, adding that water meters should be installed for conserving water.

Glaciers, he said, were melting fast and the government should come up with new strategy to deal with the resulting water crisis.

Alluding to an earlier statement by deposed prime minister Nawaz Sharif, Chief Justice of Pakistan Mian Saqib Nisar said former president Pervez Musharraf’s return to the country should not be construed as a threat by any individual.

“How can Musharraf harm anyone?” the chief justice asked during the hearing of the water scarcity case at the Karachi registry.

Justice Nisar further said that the former president should return to Pakistan and face the law.

“We have summoned Musharraf but people feel threatened by his return,” CJP remarked.

The Supreme Court, earlier this week, summoned former military ruler Pervez Musharraf on June 13 in response to a petition against his lifetime disqualification to contest the elections in view of the Peshawar High Court (PHC) 2013 judgment.

The Supreme Court’s three-judge bench, headed by justice Nisar, took up an appeal, filed by Musharraf against the PHC verdict to disqualify him for life for promulgating emergency in November 2007. Musharraf is also head of the All Pakistan Muslim League (APML).

The court also assured that Musharraf’s counsel the former president would not be arrested. It also allowed the returning officers to receive his nomination papers for the upcoming election. However, acceptance of his nomination papers will be subject to the outcome of this case.

Currently, Musharraf is being tried by a special court for subverting the Constitution on November 3, 2007, and the prosecution is trying its best to record his statement under 342CrPc in this case. The special court has already ordered the federal government to suspend his CNIC and passport.

Sharif lamented the decision stating that while former president Gen (retd) Musharraf was enjoying virtual immunity despite violating the Constitution, he had been barred from visiting his ailing wife in London.

He said it was beyond comprehension that Musharraf was being permitted to contest the elections.

The PML-N’s supreme leader said it was beyond one’s comprehension how Musharraf got to enjoy preferential treatment.

 

(With additional input from News Desk)