Centre, AJK headed for a showdown

ISLAMABAD: The prospects of a row between the federal government and Azad Kashmir seem more real than ever before after the law ministry of the latter declared construction of several hydel projects in AJK by Public Private Investment Board (PPIB) – a subordinate body of the federal ministry of water and power – illegal, unconstitutional and a gross violation of various decisions handed down by the apex court of the state, it is learnt.

Given a go-ahead signal by the Kashmir Council – a constitutional yet parallel government of sorts in AJK headed by Pakistan’s Prime Minister – the PPIB is currently constructing nine hydel projects in AJK, capable of generating 2,700MW with a total investment of $6436m.

The permission to construct these projects was granted to PPIB in 2008 when the Kashmir Council (KC) appointed it as its “agent” to process the development of hydel generation projects in the private sector in AJK.

In a letter to the law ministry dated May 4, the electricity department had sought the opinion of the law ministry in respect of the authority of KC to grant this permission to the PPIB. It had also asked the ministry to legally differentiate between electricity and hydel generation.

The law ministry has finally replied to the electricity department, a copy of which is available with The ExpressTribune, making it clear that the KC was not authorised to allow PPIB to initiate hydel projects in AJK as this was the exclusive right of the government of AJK.

“The executive authority of the Council,” the ministry maintains, “cannot be exercised in isolation and exclusion of the government of AJK especially when the executive authority of the Council relates to the use of ‘water resources’ which is the exclusive subject of the government of AJK which can only exercise its executive authority, not the Council.”

While explaining the difference between electricity and hydel generation, the law ministry contends that development of hydel generation relates to the use of natural resource (water) while electricity is the end product. So the electricity before its generation does not become the subject of AJK Council.

Even if the hydel generation fell in the domain of the council it was no more entitled to grant PPIB this permission after it had transferred the electricity subject to the AJK government in 2008.

“Time has finally come that AJK government assert its right on hydel generation which is the only viable revenue generation option for the AJK govt at the moment,” says a top bureaucrat of AJK on condition of anonymity, before alleging that while launching the hydel projects the PPIB had kept the AJK government at bay, let alone settling the questions of royalty and uninterrupted supply of electrify to the locals.

Despite repeated requests, top officials of PPIB refused to comment on the situation, claiming that they had nothing to do with the dispute. “Let the duo – KC and AJK government – fight on these issues?” commented one official.

The projects PPIB has initiated in AJK include Kohala HPP, Chakothi Hattian HPP, Karote HPP, Azad Pattan HPP, New Bong Escape, Gulpur, Kotli, Rajhdani and Sehra.

It is also learnt that soon after regaining power Sardar Attique held a detailed meeting with the authorities concerned on the issue and has decided to raise the matter with the federal government, asserting that he is committed to upholding the constitution of the state under all circumstances.

Published in The Express Tribune, August 9^th, 2010.