Chief Justice Mian Saqib Nisar Saturday said that no one should feel threatened by the Supreme Court as it was not going to enforce the construction of Kalabagh Dam and was rather trying to find ways to deal with the severe water crisis in the country.
While heading a larger bench at the Karachi registry hearing a petition filed by Barrister Zafarullah Khan requesting a referendum for the construction of Kalabagh Dam, the chief justice clarified that the apex court is not pushing for the construction of Kalabagh Dam but is rather looking into how the water crisis in the country can be tackled. “At the moment, we are not arguing over the construction of Kalabagh Dam, but are looking at how the issue of water scarcity in the country can be resolved,” he remarked.
Vowing that the apex court will not take a decision which affects any of the petitioners, the chief justice said, “An alternate solution would be sought in case of conflict between the four brothers.”
The CJP’s comment came in response to Advocate Majid Peerzada’s remarks that the issue of Kalabagh Dam is ‘disputed’. “The people of the four provinces have termed the dam dangerous,” the advocate informed the larger bench. However, Justice Nisar told Advocate Peerzada, “Do not feel insecure … we desire to do our best to resolve the issue of water scarcity.”
He further said, “Supreme Court is the court of the Centre and we seek to bring everyone together not create differences.”
The CJP suggested that a team be formed comprising experts such as Aitzaz Ahsan to give suggestions on how to tackle the issue. “We will now move forward with the construction of dams and after Eid-ul-Fitr, the Law and Justice Department will hold seminars where experts will give recommendations about how to tackle the water crisis.”
The chief justice also asked the petitioner to give recommendations on how dams should be built in the country. “We will forward these recommendations to the parliament for legislation.” Remarking that laws can be drafted by the Law and Justice Department which are then recommended to parliament, Justice Nisar said, “If the nation gives us authority, we are ready to fulfil our role.” “The first step towards it will be taken through our seminar which will be held in Karachi and cities across Sindh first,” he added.
During the hearing, former chairman of Water and Power Development Authority (WAPDA) Zafar Mahmood told the court that people were not fully informed about the construction of Kalabagh Dam. “I resigned from the post of WAPDA chairman following this dispute,” he said.
Informing the court that India has taken over the water tributaries of Ravi and Sutlej and the Indus Waters Treaty also poses a risk, the former WAPDA chairman said, “India will try to completely block the flow of water to us.” To this, the CJP asked Mahmood what role the top court can play. “There is a need to create awareness on the issue of water scarcity,” Mahmood responded.
Mahmood painted a dire picture of Pakistan’s water woes, telling the apex court that climate change has increased incidence of floods in the country while glaciers are also melting faster than before. He claimed that underground water had also reached dangerous levels, especially in Quetta, where it would take 200 years for groundwater to be restored to safe levels. He said that the city would become uninhabitable in the near future because of its water crisis.
He also said that the people need to be made aware of ways to conserve water and that the practice of dumping untreated industrial waste should also be curbed. Holding all past governments responsible for ‘criminal negligence’, the former WAPDA chief said Pakistan was far behind India in building dams. He noted that India, which controls three rivers flowing into Pakistan, increases outflow of water towards Pakistan during floods.
The chief justice noted that despite being told by the court to take measures to address water crisis, the Punjab government had not done anything.
Meanwhile, Justice Faisal Arab questioned why the dams which are not controversial have also not been built. The apex court extended the tenure of single member commission on water quality in Sindh until January 2019 after Shahab Osto, the petitioner who had moved the court over provision of contaminated water, claimed that progress was being made in the province because of the commission.
The chief justice also appreciated the Sindh government for progress on water projects and asked Mayor Karachi Waseem Akhtar to ensure that all storm water drains are cleared within one month.
Published in Daily Times, June 10th 2018.
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