SHC orders appointment of Irsa’s federal member from Sindh by May 22

The Sindh High Court on Tuesday directed the federal government to appoint the federal member from Sindh to the Indus River System Authority (Irsa) by May 22.

Hearing a petition with regard to the appointment of the federal member of Isra from Sindh, a division bench, headed by Justice Mohammad Faisal Kamal Alam, observed that in order to resolve issue in a holistic manner, the necessary legislative amendment may be done so that controversies of such magnitude undermining the national unity are prevented in future.

The court observed that the Sindh province is a lower Riperian having the Indus delta and in order to give its representation more protection, parliament may also amend law but the federal member Irsa has to be appointed from Sindh as decided by the Sindh High Court in its order on May 12, 2017.

The court directed both federal and provincial law officer to apprise the court about the proposed legislative amendment on the next date of the hearing. Petitioner counsel Zamir Ghumro informed the court that one of his prayers stands allowed in view of the decision of the Council of Common Interests which has returned set aside the water availability certificate for construction of canals issued by Irsa on January 24, 2024, during the caretaker set-up. However, Federal Member Isra has not been appointed from Sindh as yet.

Additional Attorney General of Pakistan Mohsin Qadir Shahwani filed the CCI decision which states that the water availability certificate of January 17 2024 (which was also suspended by the court) has been returned.

The court was informed that it was also decided in the CCI that no new canals will be built without mutual understanding from the CCI. The Sindh advocate general filed comments and proposed the name of retired chief engineer Shafquat Hussain Wadho to be appointed as member Ira from Sindh for the period of three years.

The court observed that it appears that process for appointment of federal member Irsa from Sindh has been initiated in view of the earlier judgment of the SHC. The court directed that the federal member from Sindh should be appointed before the next date of hearing.