ISLAMABAD: The Hague-based Permanent Court of Arbitration (PCA) has accepted Pakistan’s position that it had competence to determine a dispute between India and Pakistan regarding change of designs in Kishanganga and Ratle Hydro Electric plants by India.
The court of arbitration rejected India’s objection to the assumption of jurisdiction by the international forum.
The international court will now start hearing Pakistan’s claim on merit to the effect that above mentioned two projects’ designs are in breach of Indus Water Treaty of 1961. Pakistan was represented by a team of international experts assisted by a team of the Attorney General for Pakistan including Advocate Zohair Waheed and Advocate Leena Nishter. Barrister Ahmed Irfan Aslam acted as Pakistan’s agent in the PCA.
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According to media reports Pakistan raised three objections to the Kishanganga project’s design saying that (i) the pondage of the project is 7.5 million cubic metres, which is excessive as it should be one million cubic metres; (ii) India must raise intake by up to 1-4 metres; and (iii) raise the spillways up to nine metres high.
The legal battle between the two nations began in January 2023 to address concerns raised by Pakistan over the controversial designs of two hydropower projects being constructed on the Jhelum and Chenab Rivers.
The first hearing of the 330 MW Kishanganga and 850 MW Ratle Hydropower projects lasted for two days (January 27-28).
Pakistan’s delegation will be headed by the Secretary Water Resources Ministry and comprising Pakistan’s Commissioner of Indus Waters, top officials of the Attorney General’s Office, and a team of international lawyers hired by the Government of Pakistan will advocate the country’s case for justice.
Pakistan’s Indus Water Commissioner, Mehar Ali Shah was not available for comments.
The World Bank had earlier constituted the Court of Arbitration on the demand of Pakistan. Likewise, it also formed a one-man neutral expert as demanded by India.
Copyright Business Recorder, 2023