KARACHI: While taking suo motu notice of water crisis and hearing a petition seeking referendum on the Kalabagh dam, the chief justice of Pakistan on Saturday declared that the apex court would not give any ruling that could affect any side, but would supervise a process to finalise recommendations for the government to tackle water scarcity.

Chief Justice Mian Saqib Nisar made it clear that the court was not intervening in the controversial issue of the Kalabagh dam but was exploring alternative options to overcome the water crisis. If there was no consensus among the provinces over the Kalabagh dam, other measures must be taken to tackle water scarcity, the CJP observed.

Heading a three-member bench that also comprised Justice Faisal Arab and Justice Sajjad Ali Shah at the SC’s Karachi registry, the CJP said the law and justice commission would hold a conference on water crisis within the next 10 days to achieve a broader perspective after the next week briefing on the issue by former Water and Power Development Authority (Wapda) chairman Shamsul Mulk. The court would supervise the process to finalise the recommendations within three months and forward the same to the government for implementation, the CJP explained.

CJP Nisar in response to the arguments against the Kalabagh dam construction said that he undertook and promised that the apex court would not give any ruling that could affect any party or weaken federating units.

Court to supervise process for finalising recommendations for govt to solve water crisis

Earlier giving a presentation to the SC bench over the water crisis, Wapda’s ex-chairman Zafar Mahmood said with rapid climate change, glaciers were melting fast and cloud bursts causing floods.

Quetta at risk

Arsenic pollution along with municipal and industrial wastes in cities had lowered the water level, he said, adding that the underground water had reached a dangerous level in Quetta. “It will take around 200 years to be restored to a safe level while water may not be available in the city after a decade,” he warned.

Referring to the Neelum-Jhelum project, Mr Mahmood said the scheme initiated in 1990 was very important yet it could not be completed for want of funds and then the massive earthquake damaged it 2005 with the result that it had to be redesigned. Due to an inordinate delay in the project’s completion, Pakistan lost its case at the international forum, he said, while holding all past governments responsible for what he said their ‘criminal negligence’. He said India was controlling three rivers flowing into Pakistan and restoring to water hostility, just because Pakistan remained far behind in building dams.

He recalled that the Lahore High Court had directed the outgoing government around five years ago to put the issue of Kalabagh dam before the Council of Common Interests (CCI) but the order was not complied with.

The CJP asked Mr Mahmood to assist the court on the water issue and informed him that he had approached Barrister Aitzaz Ahsan and Mr Mulk also to seek their assistance on the matter.

At the hearing, PPP leader Taj Haider, Abrar Qazi, Advocate Mujib Pirzada and others argued against the construction of the Kalabagh dam. One of the lawyers claimed that all the provinces were against the Kalabagh dam’s construction. Some of them also moved applications to become interveners.

While the CJP did not entertain their pleas, he assured them that the apex court would neither pass any judgement that may affect any side nor would get involved in this controversial issue.

Barrister Zafarullah argued in favour of the project and requested the court for a referendum on the controversial issue. The bench told the petitioner that it was not the domain of the apex court but the government was responsible to hold a referendum.

The chief justice had taken notice a few days ago on the reports of Pakistan Council of Research in Water Resources that Pakistan touched the water stress line in 1990 and crossed the water scarcity line in 2005, while absolute scarcity water level is warned by 2025.

From the available 142 million-acre-foot water, only 42MAF was wan use while the rest was going waste in various forms, the reports said, adding that the scale of its impact was immeasurable. The research council in the reports stated that the situation called for declaring water emergency in the country and taking multifarious actions, including a national policy covering all issues related to proper water management.

Sumaira Malik allowed to contest polls

Another three-judge bench of the apex court, headed by the CJP, on Saturday allowed former lawmaker of the Pakistan Muslim League-Quaid (PML-Q) Sumaira Malik to contest the upcoming general elections after the court was informed that a report of the Punjab Forensic Agency declared her picture on her academic documents ‘genuine’.

The bench also comprising Justice Gulzar Ahmed and Justice Munib Akhtar allowed a review petition against her disqualification.

The former lawmaker, who had won the 2013 elections from NA-69 constituency in Khushab, had been disqualified by a Supreme Court bench, headed by then chief justice Iftikhar Mohammad Chaudhry, for possessing a fake degree. The court had ruled that she would not be allowed to contest elections in future.

Punjab Forensic Agency director general Dr Mohammad Ashraf Tahir informed the court at a recent hearing that the latest technology for verification of photographs was available with the forensic department and the soft copies of the original photos fixed in her national identity card and academic documents could be verified.

On Saturday, the bench was informed that the forensic report was in favour of Ms Malik, as it declared her photo on the academic documents genuine.

Hamid Khan, counsel for Malik Umar Aslam Awan, the rival candidate of Ms Malik, argued that the opinion was ‘dishonest’ and ‘not binding’ upon the court.

The chief justice said: “It is not binding, but it is a valuable piece of evidence.”

Published in Dawn, June 10th, 2018