April 19, 2002	Friday	Safar 5, 1423

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ISLAMABAD, April 18: Pakistan is looking into legal options enshrined in The Indus Waters Treaty, 1960, as it believes India is in breach of the treaty through diversion of Chenab waters in the Indian-held Kashmir.

The foreign office has written three letters to India since early this year seeking a report on an alleged construction of a gate-structure on the Chenab river for diversion of its water in violation of the 1960 treaty, sources said, adding India has not responded to any of the letters yet.

A meeting held here on Thursday “discussed reported construction of Baglihar project by India and noted that the project should not be constructed,” a source said. The meeting, presided over by secretary water and power Mirza Hamid Hasan, was attended by officials of federal flood commission/chief engineering advisor and Pakistan’s permanent Indus waters commissioner.

“The legal options are written in the treaty,” said a source, who refused to discuss further details. He however said that neither there was any official confirmation nor any response from the Indian side despite reports in the media and enquiries by Pakistan government.

“The communication is on between the two commissioners on normal data exchange but nothing on Baglihar project has so far come out,” said the source.

Under the treaty, if the permanent Indus water commissioners from Pakistan and India fail to resolve differences through negotiations, the party concerned can take the issue to the Court of Arbitration under article IX of the treaty.

The seven-member court of arbitration is to be appointed two each by either party and three, including the chairman, from a list of six persons given in the treaty. For the selection of chairman the list include the secretary general of the United Nations or the president of the international bank for reconstruction and development. For the selection of engineer member, the list includes the President of Massachusetts Institute of Technology Cambridge, Mass, USA or The Rector of the Imperial College of Science and Technology, London. The list for the selection of legal members include The Chief Justice of the United States or The Lord Chief Justice of England.

The construction of gate-structure on the Chenab by India is apparently meant for construction of a 450-MW Baglihar Power Project in the occupied Kashmir, the sources said.

The foreign office was asked by the ministry of water and power in February that India was not responding to the relevant channels of PIC that had expressed concern over reports that the decades-old treaty was being violated through a gate-structure.

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