close
Thursday March 28, 2024

SC downs KBD for many dams

By Jamal Khurshid
June 10, 2018

KARACHI: The Supreme Court (SC) on Saturday observed that court is not pushing for construction of Kalabagh Dam (KBD) but has to examine alternative ways to resolve the water crisis due to conflict among four brothers (the provinces).

Hearing identical petitions with regard to shortage of water, proper water policy and holding referendum on Kalabagh Dam, the Supreme Court’s three-member bench headed by Chief Justice Mian Saqib Nisar observed that the water shortage is not due to Kalabagh Dam but due to failure to construct several alternative water reservoirs and dams, and the court will perform its role in implementing the national consensus.

The court observed that country is facing water shortage and everyone should think to resolve the crisis for the future generations. It observed that people have distrust on every institution but assured that Supreme Court will make the things rather break them. The court observed that Law and Justice Commission should conduct seminars on water crisis so recommendations from water experts could be obtained to help build consensus on water policies. The Chief Justice observed that the Supreme Court is ready to work 24 hours for resolving the water crisis and will form committee to do so. It observed that senior lawyer Aitzaz Ahsan is also on the committee. The court observed that the country is facing a dire situation due to the serious water crisis and the court could suggest legislation for resolving the issue.

The bench observed that the Supreme Court will organise a seminar after Eid to discuss alternative water proposals to overcome the crisis and help reach consensus on the issue. The court observed the core committee will make recommendations which will be implemented by the Supreme Court.

PPP Senator Taj Haider submitted that water shortage is serious issue and filed his proposals to overcome it. The Chief Justice observed that the Sindh government did nothing in the last year to overcome the water shortage and millions of gallons industrial and municipal waste is being discharged into the sea without any treatment. It observed that holding a referendum on the national issue is the responsibility of the government and judiciary is the guardian of the fundamental rights of the citizens.

The court also viewed the presentation given by the former chairman of Water and Power Development Authority Zafar Mehmood on water crisis and suggestions to mitigate the water shortage. He said the water quality will gradually worsen due to lack of control on use of subsoil water. He said the political governments did nothing to construct dam on the Neelum-Jehlum River which is criminal negligence for failing to allocate funds for such a reservoir. The court directed the Wapda former chairman to submit a comprehensive report so it could be taken on record.

Expressing concern over the water shortage in Quetta, the court observed that due to lack of water management there will be no water in Quetta for the next 10 years and the people will be compelled to migrate from the city. Senior lawyer Mujeeb Pirzada submitted that there is no dispute on resolving water crisis but the Kalabagh Dam issue should not be stirred as it generates controversy and fear among the people. The court observed that people also started to debate and expressed fears when the court summoned former president Pervez Musharraf, although the court only directed him to face the law. The Chief Justice observed that there should be no fear of Kalabagh Dam and assured that court will not involve itself in the controversy but work on how one province could come forward to the help of other provinces.

Justice Faisal Arab observed as to why the government could not build dams over which all the provinces have consensus since 1980s.

Advocate General Sindh Zamir Ghumro submitted recommendations of the seven-member technical committee on water shortage. The court had taken notice of the reports of Pakistan Council of Research in Water Resources (PCRWR) that Pakistan touched the Water Stress Line in 1990 and crossed the Water Scarcity Line in 2005, while absolute water Scarcity Level is forecast for 2025. According to the report 142 MAF of water is available but only 42 MAF is used while the rest is wasted in various forms. According to experts, the situation demands imposing water emergency and devising a proper water management policy.

Advertisement walls: The Supreme Court directed all the cantonment boards in the city to demolish walls constructed on the amenity land for advertisements. Hearing an application against construction of walls in different parts of the city for advertisements, the SC’s three member bench headed by Chief Justice Mian Saqib Nisar observed that Karachi could not be defaced by construction of walls at amenity land and footpaths.

Misuse of official vehicles: The Supreme Court directed the chief secretary Sindh and secretary services to submit report about utilization of officials vehicles returned by the ministers and other government officers. Hearing a suo moto, the SC’s three member bench headed by Chief Justice Mian Saqib Nisar inquired from the Advocate General Sindh about the compliance of the court directives in which it had ordered the return of vehicles used without any entitlement. The AG Sindh Zamir Ghumro submitted that all vehicles have been withdrawn from civil and police authorities and they are now in the custody of secretary services. The court directed chief secretary and secretary services to file a report along with their affidavits about the utilization of the vehicles within 10 days. The advocate general Sindh also informed the court that 4,000 police personnel deputed for security to various non-entitled persons, have been withdrawn. He said the security was provided in accordance with the policy and the recommendations of the intelligence agencies. The court after taking the statement of AG on record disposed of the suo moto case.

Pilots fake degree case: The Supreme Court directed the Civil Aviation Authority to complete the verification of the degrees of the private and national airlines’ pilot and cabin crew. The court was informed by the Civil Aviation’s counsel that verification is in progress and majority of the degrees of private airlines including Air Blue, Shaheen airlines have been verified. The court granted six week time to the private airlines for submitting a compliance report.

Irregularities in allotment of official residence: The Supreme Court directed the federal and provincial governments to take the possession of official residences in illegal possession of unauthorized persons. The direction came on a human right case pertaining to the irregularities in allotment of official residences by the provincial and federal government. The court was informed that out of 4,100 residences, 800 residences are under litigation before the courts. The bench directed the law officer to submit the list of residences in which litigation is pending and send the same to the Registrar Sindh High Court for its early disposal. The court also directed the chief secretary to take possession of residences in illegal possession.