The Supreme Court on Monday said that it is the responsibility of the elected government to construct dams and the court will not interfere in this matter. Aitzaz Ahsan, who was appointed amicus curiae, suggested that instead of Supreme Court, let the matter of dams' construction be left to the parliament and executive.
The Chief Justice said: "By no means, we would like to give impression that the apex court wants to assume the power of legislature or executive. We will not interfere in the executive matter for the construction of dams." He said it is the government's jurisdiction to give contract and make its design.
A four-member bench, headed by Chief Justice Mian Saqib Nisar, was hearing case related to Diamer-Bhasha and Mohmand Dams.
The Chief Justice said it is not the job of judiciary to draw policies. He asked the attorney general to inform whether the court has power to issue direction to the government to resolve Indus Water Treaty through international arbitration. He also said whether the court has authority to direct the executive to enforce the resolution passed by the Parliament on dams.
The CJP observed that some foreign elements do not want that dams are constructed in the country.
The Chief Justice said that consensus has been developed among all the stakeholders for the construction of Diamer-Bhasha and Mohmmand Dams.
He said the people are donating money in the Supreme Court account for dams. He said they want transparency in the use of funds and would not allow anyone to misappropriate them.
"People are willing to donate money for dams," he said, adding the overseas Pakistanis are willing to send the money but are confused how to send.
The Governor State Bank of Pakistan said that overseas Pakistanis are sending money from America and Germany. He said the decision to collect funds for the construction of such projects was not controversial and the government can take over the responsibility if it so wishes.
The Chief Justice said those who are responsible for not constructing dams in the last four decades would have to be accountable.
The Chief Justice said Wapda chairman has informed they are preparing terms of reference (ToR) for the dams.
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