Kishanganga Dam: How ‘permanent’ is the stay order?

“India can continue all but permanent works on Kishanganga: ICA,” read The Hindu’s headline.

“India can ‘continue with all works’ related to the Kishanganga hydro-electric project in Jammu and Kashmir except any permanent work on the riverbed that may inhibit restoration of the river’s full flow,” the paper quoted ICA’s ruling as implying. Quoting the ruling, The Hindu said: “While proceedings continued at the Court, it “is open to India to continue with all works relating to the Kishanganga Hydro-Electric Project” except “any permanent works on or above the Kishanganga-Neelum riverbed at the Gurez site that may inhibit the restoration of the full flow of that river to its natural channel” after the final verdict.”

Furnishing details of what India may proceed to do, the paper added: “The ruling stated that India “could proceed with the construction of the sub-surface foundations” of the dam, “erect temporary cofferdams and operate the by-pass tunnel it has said to have completed”, “temporarily dry out the riverbed of the Kishanganga-Neelum at the Gurez valley” and “excavate the riverbed”.”


When contacted, the office of Kamal Majeedullah, adviser to the prime minister on water and power, said it is not permitted to issue any statements regarding the Kishanganga Dam.

This, said a spokesperson for the office, was a requirement of confidentiality under the treaty and the procedural order of the court of arbitration.

“The information released on Saturday was agreed between the parties and thus permitted by the court,” the spokesperson told The Express Tribune.

However, the office did criticise the “controversy’’ created by the media, which it said stemmed from a lack of understanding of the legal issues.

Published in The Express Tribune, September 26^th,  2011.