ISLAMABAD: Pakistani team led by Secretary Water Resources, Syed Ali Murtaza returns on Sunday (June 30) from India after a site visit to controversial Kishanganga and Ratle hydroelectric projects in Indian Illegally Occupied Jammu and Kashmir (IIoJK), well-informed sources told Business Recorder.
Pakistani team (included Mehar Ali Shah, Indus Water Commissioner/ Additional Secretary, Ministry of Water Resources, and legal experts) accompanied the neutral experts and judges of the International Court, Hague as they undertook detailed visits to controversial hydroelectric projects constructed by India in IIoJK as part of ongoing proceedings.
A neutral expert and an ad hoc Court of Arbitration was hearing Pakistan’s objections to the construction of the Kishanganga and Ratle hydroelectric projects in IIoJK.
The sources said, the team of neutral experts and judges of ad hoc court are also expected to visit the Neelum Jhelum Hydropower project in Azad Jammu and Kashmir. The next hearing of this case is July 5, 2024 at International Court of Arbitration, the Hague (Holland).
According to sources, the Indian government did not grant visas to the Pakistani delegation to enter India through the Wagha border, the usual border for Indian or Pakistani Indus Water Commissioners to enter each other’s country to attend annual meetings. The team left for India on June19, 2024 and will be back on June 30, 2024. Indian embassy granted visas on June 18, just a day before the departure schedule of the Pakistani team.
This time, Pakistan delegation travelled to New Delhi from Abu Dhabi (UAE) because of substantial delay in issuance of visas and restriction on entry from Wagha, the sources added.
Pakistan considers the construction of the Kishanganga dam in India-held Kashmir over the waters flowing into the western rivers a violation of the Indus Waters Treaty 1960 since it will not only alter the course of the river but also deplete the water level of the rivers that flow into Pakistan.
In October 2022, in line with its responsibilities under the Indus Waters Treaty, the World Bank made the appointments it was mandated to make in the two separate processes requested by India and Pakistan in relation to the Kishanganga and Ratle hydroelectric power plants.
The two countries disagree over whether the technical design features of these two hydroelectric plants contravene the Treaty. Pakistan asked the World Bank to facilitate the establishment of a Court of Arbitration to consider its concerns about the designs of the two hydroelectric power projects, while India asked for the appointment of a Neutral Expert to consider similar concerns over the two projects.
Michel Lino has been appointed as the Neutral Expert and Prof. Sean Murphy is appointed as Chairman of the Court of Arbitration.
The 1960 treaty recognises the World Bank as an arbitrator in water disputes between India and Pakistan as the bank played a key role in concluding this agreement which allows India to have control over the water flowing into three eastern rivers — Beas, Ravi and Sutlej — also permitting India that it may use the water of western rivers — Chenab, Jhelum and Indus — but it cannot divert the same.
India believes these are “run-of-the-river” hydel projects that neither change the course of the river nor deplete the water level downstream.
Copyright Business Recorder, 2024