KARACHI: The Sindh High Court (SHC) on Thursday expressed resentment against the authorities concerned for not notifying the federal member of the Indus River System Authority (Irsa) from Sindh despite an earlier order and directed them to make such appointment within three weeks.

A two-judge bench headed by Justice Muhammad Faisal Kamal Alam also directed the federal and provincial law officers to apprise it on the next hearing about the proposed legislative amendments to the Indus River System Authority Act.

The court was hearing a petition filed against the planned construction of new canals on the Indus River in Cholistan and seeking appointment of the federal member of Irsa from Sindh.

The SHC had already suspended the impugned water availability certificate issued for the construction of such canals and also directed the respondents to appoint the federal member from Sindh.

At the last hearing, the bench had also asked the federal and provincial law officers to apprise it about the proposed legislative amendments in the Irsa Act to permanently settle the waters issues.

Seeks details of proposed amendments to Irsa Act

At the outset of hearing on Thursday, the bench deplored that the federal member Irsa from Sindh had not been notified yet, which should have been made in view of the last court order.

“The Federal Member [IRSA] from this Province should be appointed without any further delay, within three weeks from today,” it added.

Upon a query of the judges regarding amendments, both the federal and provincial law officers submitted that there were some initial discussions with regard to the legislative amendments in the Indus River System Authority Act.

The bench in its order said: “It is expected that official respondents would comprehend the gravity of the situation and take appropriate steps immediately.”

It adjourned the hearing till June 26, directing the respondents to appoint the federal member from Sindh and apprise it about the proposed amendments.

“Both the learned law officers will apprise the court on the next date of hearing about the legislative amendments, which in our considered view, inter alia, may include water allocation, ensuring water security, considering bower riparian rights of this Province and national cohesion should be the principal objective in making decisions with regard to water supplies,” it concluded

A grower of Sindh, Qurban Maitlo, through his lawyer Barrister Zamir Ghumro had moved the SHC last month against the appointment of the federal member of Irsa, Asjad Imtiaz Ali, and submitted that his appointment was made in clear violation of a policy decision as well as an earlier judgement of the SHC on the subject matter

Citing the secretaries of the establishment and water resources divisions, Irsa chairman, secretary of the Sindh irrigation department and federal member of Irsa as respondents, the petitioner also impugned the water availability certificate issued by Irsa for the construction of such canals.

He also asserted that the impugned certificate was liable to be suspended since the current composition of Irsa was not in accordance with the Irsa Act and the executive order issued on July 10, 2000, and the same had been affirmed by the SHC in its earlier judgment handed down in 2017.

At the previous hearing, a federal law officer informed the SHC that the Council of Common Interests (CCI) had returned the impugned water availability certificate and also decided in the meeting held on April 28 that no new canals would be built without mutual understanding from the CCI.

The provincial authorities had also apprised the SHC that Sindh had proposed retired chief engineer Shafqat Hussain Wadho to be appointed as federal member Irsa from Sindh for a period of three years.

The SHC had also advised the respondents that in order to resolve the subject issue in a holistic manner, the necessary legislative amendment might be done so that controversies of such magnitude could be prevented in future as the same were undermining the national unity.

Published in Dawn, May 23rd, 2025