Supreme Court intervention sought

Constitutional petition filed in the Supreme Court for the resolution of Kalabagh dam issue.

ISLAMABAD: Barrister Ali Zafar filed a constitutional petition in the Supreme Court on Friday for the resolution of Kalabagh dam issue.

The petitioner prayed the apex court to declare that it is the inalienable right of the citizens of Pakistan and binding duty of the state that the issue of Kalabagh dam is decided one way or the other in terms of the Constitution.

He also prayed the court to declare whether in the circumstances the government of Pakistan is under a national and legal obligation to construct the Kalabagh dam.

The lawyer also petitioned the apex court that as time is of essence, the respondent secretaries of cabinet, finance and water and power be directed to begin immediate construction of the dam to fulfill their constitutional duty. “If not, then direct them along with secretary of irrigation and power department, Punjab, secretary agriculture, special secretary agricultural marketing, secretary environment protection and secretary planning and development, Punjab, to refer the matter to the secretary Council of Common Interests to decide the dispute within one month,” the petition said.

The fact is that if we do not resolve this pressing issue now before a neutral forum, Pakistan will suffer a famine tomorrow, Zafar argued.

Water is now considered a precious world resource and accordingly, no nation is allowed under international law to waste this world asset. India is currently building a case to utilise the water on River Jhelum, Chenab and Indus asserting that since surplus waters of the Indus River are being wasted by Pakistan and the latter has been unable to build any dams to stop this wastage in the 63 years of her existence, India should be entitled to store this water on these Pakistani rivers to fulfill its dire needs, he pointed out.

Separately, Barrister Ali Zafar sent an email to The Express Tribune, contending that “this is a dispute between various provincial governments that has been brushed under the carpet for more than 40 years by successive governments because no one wants to ‘bell the cat’”.

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