Given its politically explosive nature, the project is a subject that most broach with extreme caution, if at all.
However, the Lahore High Court (LHC) threw the cat among the pigeons on Thursday when it ordered the federal government to start construction of the contentious Kalabagh Dam.
In a decision set to create ripples across the country, particularly in Sindh, the LHC Chief Justice Umar Ata Bandial observed that the Council of Common Interest (CCI) had approved the project twice, and maintained that it was the government’s duty under article 154 of the Constitution to implement the council’s decision.
Petitions for the construction of the dam, which is based in Punjab and is fiercely opposed by Sindh, had been filed by Judicial Activism Panel chairman Muhammad Azhar Siddique, among others. They maintained that, in 1991, the then chief ministers of all four provinces had signed an agreement on Kalabagh Dam at the CCI and this agreement had still not been implemented. He requested the court to invoke articles 9 and 38 of the Constitution and order the dam’s construction in ‘public interest’.
“Bona fide steps by the federal government are necessary so that the fate of the project is not sealed on the basis of presumptions and surmises when, in light of the material on record, the project is admittedly feasible, both technically and economically,” observed Chief Justice Bandial in his order.
He had earlier asked for the minutes of the CCI meeting over the construction of Kalabagh Dam. On Thursday, a senior joint secretary of the Ministry of Inter-Provincial Coordination informed him that that CCI had decided the matter twice. The first decision was taken on September 16, 1991, when the council granted express approval to the dam’s construction. CCI revisited the project on May 9, 1998, when the Natural Water Resources Development Programme was directed to prepare a document for the project’s detractors to address their political and technical concerns.
The petitioners’ counsel also informed the court of a 2004 study by representatives from all four provinces which endorsed Kalabagh Dam’s feasibility as well.
The chief justice remarked that neither CCI’s decisions nor the project received much government attention thereafter.
“The Constitution of Pakistan confers a pre-eminent position to CCI for formulating and regulating policies for the federation in relation to a number of subjects, including water and power. Any decision by the council has obligatory effect unless it is modified by Parliament at the instance of the federal government under Article 154(7) of the Constitution,” he observed in his judgment.
“It is therefore directed that while implementing the afore-noted CCI decisions, the federal government shall faithfully strive to explore and devise an administrative framework that allays apprehensions, political or otherwise, nurtured by concerned quarters about the Kalabagh Dam project.”
Published in The Express Tribune, November 30th, 2012.
COMMENTS (25)
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ET, please correct your headline that gives a wrong impression that LHC is pushing something. In fact, LHC has only directed the Government under article 154 of the Constitution to implement the decision of the Council of Common Interests (CCI). If the government is not interested in KBD it should call meeting of CCI and let the CCI revert the earlier decision. Otherwise, a violation of article 154 will continue.
People time to grow up know. Keep your personal feelings and provincial loyalties aside. Think in the national interest for the greater good of the country and its citizens. It is beneficial to all. It is however responsibility of the government to address the concerns of even few who see it as against their interest.
Perhaphs this is the only ill fated countryin the world, where dirty politics is played on vital national issues. This country is facing worst power crisis, no water for irrigation, occasional devastating floods simply because we have very few dams. Just see the neightboring india, it has 4300 dams as compared to pkistan's only 143. If india is 5 times bigger than pakistan in population and area, we must have constructed atleast 860 dams to be in proportion to india. With this large number of dams, india has no power shortage, even offered pakistan to purchase cheap electricity from her, no problem for irrigtion of its vast agriculture and the minimal floods as compared to pakistan. Engr Shamsul Mulk former chaimran WAPDA was other day saying that the idea to construct kala bagh dam was given by World bank in 1967. Shams himself belongs to Nowshera and he had repeatedly said that there is absolutely no danger to any city of KP in case of construction of kala bagh dam. Sitting alongside, Shahi Syed had no answer except singing the old tune that 3 provincial assemblies opposed it. t is strange that after opposing creation of pakistan and till recent, preferring Afghanistan over pakistan, all of a sudden ANP has become the champion of national unity.I have least doubt that they are not more patriotic than shamsul Mulk and when the experts like him support the construction of dam, ANP and its leader non of whom is technical expert has no worth. When will politicians of Sind awake, already a large part of sind has been badly affected by devasting 2010 flood. Perhaphs they will awake when entire sind will be flooded.It is time that we should rise above provincialism and think in the national interest. Although it seems that apex LHC decision is turbulent in its naure but it has been given with sincerity and in the larger national interest. Politicians, for God sake should sit together and if the do not trust our own experts, call international experts and seek their opinion in the matter before it is too late and we as a nation are ruined in the darkness,floods and barren lans.
The judge has simply asked the government to implement the decisions and recommendations of the CCI. Why not convene another CCI and overturn earlier decision? Furthermore, why not take this matter up to the SC and see what they have to say about it? At the SC level, all provinces can become party to the case and present their perspective as well.
pakistan is already experiencing the problem of national integration, this decision of CJ of Lahore high court will consider in people like add fuel to fire.
@Liberal Sindhi LOL..you sound misguided my friend...this is the time to give..not take...how many people die every year because of the flooding in your 'liberal' sindh? Your landlords have pillaged your own lands and taken your intelligence and senses along the way...you must rid yourself of your script and see the truth..
Who is Lahore High Court to decide on matters which affect Sindh?
I want Sindh High Court to put ban of export of gas, oil and coal to Punjab. Also stop trucks from seaports of Sindh to go to dryports in Punjab because it is wastage of fuel.
If judges want to participate in politics they should form a political party.
People please.. This will help Pakistan get rid most of the energy problems.. Let's welcome such verdicts..
LHC would serve the country immensely if it orders the Punjab Govt to finance BASHA dam because Punjab uses more than 70 % of the electricity which is produced by KP.By constructing BASHA dam we will not only solve the load shedding problem but would also increase the life of Tarbella dam,reducing silting in tarbella. It is ironic that fate of the people of KP is decided by the court in Lahore.If that is the case then what is the justification for the courts in KP.If it is a national issue,would the court in Lahore allot an equal piece of land at RAIWAND including the Mahal,to the affectees of Kalabagh dam before the construction starts.KP was also promised a share in Tarbella water.What happened to that canal.Should we wait for another 70 years for the construction of that canal which should have irrigated our southern parts.
When the four Chief Ministers agreed in September 1991 to construct the Kalabagh Dam, the CCI prepared a paper for the projects opponents in May 1998, and in 2004 the feasibility of the project was agreed to by members of the four provinces, then why the delay in constructing a national project? This procrastination has destroyed the unity of the country, hampered the economy, increased power shortages, wasted water in floods and resulted importantly in wasting time for Pakistanis who love to revel in politics. If Kalabagh Dam is built hastily, the industrialization of the country will create many jobs, both directly and indirectly, and lessen the number of religious militant parties. Has one ever thought if Tarbela dam is rendered inoperable by militants or destroyed by an earthquake, what will be the consequences? Militancy in its worst form will result from all sides. Think. The dearth of responsible decisions has led to this sorry state of Pakistan. Salams
" They maintained that, in 1991, the then chief ministers of all four provinces had signed an agreement on Kalabagh Dam at the CCI and this agreement ".
If all chief ministers of the provinces had singed, then what is the problem ? If tomorrow Prime minister signs something and does not get implemented, would that be OK ?
Great decision!
Bandial sahib,it was very much expected from you,I am impressed
people representatives in other 3 provinces have issued succinct statements opposing KBD. so LHC verdict should be considered void and null
My dear Judges, this nation is paying you handsomely to provide them justice. Please help do your original job and don't indulge in politics. The day you fixed the CNG prices, I couldn't get it anymore at all.
Two political governments of the four province have agreed to this project. Current government in the center is week to say the least and therefore wants to keep this project away from implementation. I am thankfull to LHC for bringing this subject in the light. Now who ever is going to appose it is against the idea of strong pakistan specially after such devistating floods that have hit the country in the recent past.
Courts are only concerned with whats legally and procedurally correct. They cannot give orders based on their or anyone else's whims and wishes. It is high time that we should all understand the fact that a political issue needs to be resolved politically because the courts can do no more than interpret what the law actually is. As has been provided for in the judgment, Government is bound to act on decisions made by CCI. Hence, ET and other newspapers should avoid maligning judiciary and knock sense in people and government to resolve political issues in parliament and not in a court room. It is only a forum to have your grievances resolved.
Would someone be held in contempt of court if this nearly impossible decision is not implemented?
LHC should learn from its bleak and dark past and not make decisions that all the other provinces have rejected. This is a national not provincial issue and should be kept out of the provincial courts. The proposed dam is not in LHC's jurisdiction and if other provinces follow their example then we would have contradicting decisions from the other high courts. It is a shame that LHC is again looking into most controversial issue of national importance. I am not going for or against the dam but it should be made with the consensus of all federating units not by a provincial HC.
Can a provincial court rule on a subject that adversely affects other provinces who are stakeholders?
The courts are starting to set a very dangerous precedent. It is this approach where one department is allowed to interfare in the operations of another that lead to military coups. When 3 provinces are against the construction of a dam then how can any political government construct is :S. Above everything else though, iit's not the job of any court to interfere in this politically sensitive matter.