GILGIT, Oct 25 The Supreme Appellate Court (SAC) of Gilgit-Baltistan has ruled that the region has exclusive right of royalty on a power house of Diamer-Bhasha Dam proposed on the right bank of the Indus River. The court also held that the region would have half of the royalty on second power house to be built on the left bank of the river.
In its detailed judgment issued here on Monday the GB apex court observed that in case of any dispute in proportionate share, the government of Pakistan might refer the matter to the Council of Common Interests (CCI) for decision with representation of the government of Gilgit-Baltistan.
The SAC, in its judgment held that the decision rendered by this court on a question of law was binding on all executive and judicial authorities in GB.
The court decision cleared the status of the region and said that GB was not as such a province of Pakistan rather had the status of an area included in Pakistan for all intents and purposes including the administrative and policy decision and was under direct control of the federal government of Pakistan.
“Therefore, in case of any dispute in relation to the ratio of share of royalty and power of Diamer-Bhasha Dam of left bank of Indus River, the matter will be referred to the Council of Common Interests for decision with representation of government of GB”, it ruled.
The judgment was written by full bench of the SAC headed by its Chief Judge Justice Nawaz Abbasi.
The SAC in its decision stated that notwithstanding that constitution of Pakistan had no direct application in internal affairs of GB, the same was followed in GB as superior law, therefore, in the light of definition of power house under national and international law, the principal of Article 161 of the Constitution of Pakistan would be applicable for purpose of determination of the question of royalty of Power Houses of Diamer-Bhasha Dam.
The court also ruled that the calculation and quantum of royalty was a question independent of the right of royalty and two matters were to be essentially dealt with by different forums. The question, the decision said, relating to the right of royalty was the subject matter of the petition, which was submitted by member of the Gilgit-Baltistan Legislative Assembly Bashir Ahmed through his counsel Mohammad Issa seeking court's decision on royalty of the dam.
