• Being lower riparian, the province has significant stakes in water issues, bench observes
• Judges irked by ‘unnecessary dragging’ of appointment of Irsa’s federal member from Sindh
• Summon secretaries of establishment and water resources divisions

KARACHI: The Sindh High Court on Monday expressed its surprise that Sindh was being ignored in distribution of water resources by the federation although the province was the lower riparian and has a very significant interest in water-related issues.

“We find it quite astonishing that within the federation, one of the units of that federation i.e. province of Sindh, prima facie, appears to be ignored in respect of the issue which concerns whole of the federation’s water resources especially as the province of Sindh is the lower riparian and has a very significant interest in water related issues,” remarked a two-judge constitutional bench of the SHC.

The bench was hearing a contempt application regarding delay in appointment of a federal member of the Indus River System Authority (Irsa) from Sindh despite repeated court orders.

The bench, headed by Justice Mohammad Karim Khan Agha, deplored that the federal government was unnecessarily dragging an already decided matter and not appointing the federal member of the Irsa from Sindh in compliance with an order of the SHC passed in 2017. The same had also attained finality after the order of the Supreme Court.

The court again summoned the secretaries of the Establishment Division and Ministry of Water Resources for not notifying the federal member of Irsa from Sindh despite an earlier order.

The SHC also noted that it was quite surprising that the Islamabad High Court had passed an order on July 28, restraining the respondents from making any change in the current composition of Irsa, and questioned how a single judge of the IHC could override a judgment which had attained finality before the apex court.

It also issued notice to Asjad Imtiaz Ali, who was appointed federal member of Irsa, and directed him to appear in person on Sept 16, as the bench said that apparently his domicile was from Punjab and he appeared to be a beneficiary of re-appointment, which was prima facie a violation of the SHC’s judgment that had attained finality after the order of the Supreme Court.

At the last hearing, the bench had summoned both the federal secretaries for not notifying the federal member of Irsa from Sindh in compliance with the SHC’s order passed in 2017.

At the outset of the hearing on Monday, the bench noted that, surprisingly, both the alleged contemnors, Establishment Secretary Inamullah Khan and Water Resources Secretary Syed Ali Murtaza, were on ex-Pakistan leave for three weeks with effect from Aug 13.

It directed the alleged contemnors— both secretaries—to appear along with a compliance report at the next hearing. “We do not expect them to be busy elsewhere or otherwise on leave after this, else this court shall pass appropriate orders,” it added.

It further noted that the 2017 SHC judgment was challenged before the Supreme Court, which was dismissed for non-prosecution in 2021, and as such, the original judgment has reached finality.

The bench expressed surprise over the IHC for passing an order about the current composition of Irsa and said that under the Constitution, once an issue has reached finality by the apex court, it cannot be re-agitated.

Perhaps the IHC was not made aware of the Supreme Court judgment/order, it added, and directed its office to send a copy of this order to the registrar of the IHC for placing before the same bench who passed the order on July 28, as it appeared that the necessary judgment passed by the SHC in 2017 had attained finality and might not have been brought to its attention.

In 2017, the SHC had ruled that the executive order regarding the appointment of the federal member of Irsa from Sindh was still in force, being protected under Article 270AA(2) of the Constitution, and the federal government was bound to serve the policy enunciated therein in respect of nominating its nominee for federal member Irsa from Sindh until the same was altered, superseded, repealed, or amended as provided in such Article.

Recently, petitioner Ghulam Abbas Laghari filed an application in the SHC seeking contempt proceedings against the secretaries of the Establishment Division and Ministry of Water Resources for not complying with its order passed in 2017.

Meanwhile, another two-judge bench of the SHC headed by Justice Muhammad Faisal Kamal Alam on Monday also directed the Secretary Ministry of Water Resources to appear and apprise it about non-compliance with its earlier order.

A grower of Sindh, Qurban Maitlo, had petitioned the SHC against the appointment of Asjad Imtiaz Ali as federal member Irsa.

The counsel for the petitioner, Barrister Zamir Ghumro, informed the bench that at the last hearing, the court had ordered the federal government to appoint a federal member from Sindh in four weeks, and in case of non-compliance, the impugned appointment of the federal member Irsa would stand automatically suspended.

However, the counsel submitted that compliance has not been made yet.

The Additional Attorney General Munawar Iqbal Duggal submitted an order of the IHC restraining the federal government from changing the composition of Irsa.

The counsel for the petitioner argued that such an order had been procured from the IHC by concealing facts and orders of this court, as the subject matter had already attained finality.

The bench remarked that the federal government was unnecessarily dragging the decided issue, which amounts to contempt of court, and summoned the Secretary Water Resources on Sept 16.

Published in Dawn, August 19th, 2025