ISLAMABAD, April 14: The government is considering referring to the Supreme Court of Pakistan all controversial water projects and related issues to resolve inter-provincial misunderstandings.
A senior government official told Dawn that the proposal was currently under initial discussion at the ministry of agriculture, federal flood commission and Pakistan Council of Research on Water Resources. They said that it was expected to be presented to the chief executive secretariat soon for seeking advice from the law ministry and legal experts.
The suggestion is that the apex court be requested, under article 184 and 186 of the constitution, to constitute a full bench for hearing of all water-related controversies, including big dams and irrigation projects, keeping in mind the public sensibilities.
The Supreme Court can direct, after hearing all the parties concerned, to address valid concerns and implement the project if it deems fit or can suggest alternative routes or shelve any specific project.
“It involves a host of critical aspects, after-effects and pros and cons that the government will have to examine through a wide-ranging consultative process before approaching the apex court,” said a senior government official, adding that it was too early to say in definite terms whether the government finds the proposal worth considering.
These sources refer to the similar inter-state disputes in India where the Supreme Court of India had directed the Indian government to construct Sardar Sarovar dam in the Narmada valley under a specific design, resettlement and rehabilitation plan. The plan was made binding and un-alterable for 45 years.
Under article 184, the Supreme Court shall, to the exclusion of every other court, have the original jurisdiction in any dispute between any two or more governments and the SC shall pronounce declaratory judgments only.
Under article 186, if at any time, the president considers that it is desirable to obtain the opinion of the SC on any question of law which he considers of public importance, he may refer the question to the SC for consideration. The SC shall consider a question so referred and report its opinion on it to the president.
The Indus River System Authority (IRSA) has already referred the question of water-sharing in case of shortages with the request to the chief executive secretariat to seek interpretation of section 14 (b) of the 1991 Water Apportionment Accord from some higher judicial forum.
These sources indicate that controversial projects like Kalabagh Dam and Thal canal project and some other controversial questions could also be put to judicial scrutiny. Alternatively, the president can also constitute a commission of retired chief justices of the Supreme Court to deal with the subject, the official said.
To a question, the official said that a similar case on Kalabagh dam in Lahore High Court was not pursued wholeheartedly a couple of years ago because of political reasons.