Canals case: SHC orders Sindh, federal govts to ensure national unity isn't harmed

• IRSA secretary, Sindh AG, AAG, and others appear in court.
• AAG says all work halted on Cholistan canal after court's stay order. 
• Court extends stay on IRSA's approval for construction of canals.

KARACHI: The Sindh High Court (SHC) on Friday directed the provincial and federal governments to ensure that the national unity is not harmed amid the ongoing contention over the canals issue. 

The remark came during the hearing of a petition against the availability certificate of water issued by the Indus River System Authority for the construction of new canals in Thal and Cholistan.

The regulatory body had approved the water supply to the Cholistan Canal System project, and also issued a water availability certificate to the Punjab government despite opposition from Sindh.

Under the approval, Punjab was allowed to construct the Cholistan Canal project, branching from the Sutlej River at Sulemanki Headworks, according to IRSA, providing access to 450,000 acre-feet of water, which has been termed "an unfair move" for Sindh.

The certificate, dated January 25, was challenged by the petitioner’s lawyer, who contends that the formation of IRSA itself was illegal.

The SHC had on the last hearing stayed the authority's approval for the construction of canals and sought a response from the federal government on the matter. 

During today's hearing, IRSA secretary, Sindh advocate general, additional attorney general, and others appeared before the court.

The court questioned whether a federal member from Sindh had been appointed to IRSA, to which the AAG replied that there was no such direction in the court order. However, Justice Faisal Kamal Alam remarked that the court's order already exists.

The SHC inquired why the court order had not yet been implemented. 

At this, the AAG sought more time to submit a reply on the matter, adding that an appeal in the Supreme Court had been dismissed due to non-pursuance. He said that they were still searching for some court orders and documents.

“You know the current situation better than us,” the court remarked, urging for a final resolution to the matter and stressing the importance of "national unity".

The court also asked if the government officials realised the sensitivity of the issue.

At this, the petitioner's counsel stated that IRSA’s headquarters had been shifted from Lahore to Islamabad.

Meanwhile, the Sindh AG maintained that IRSA’s current composition had affected decision-making powers.

The IRSA secretary said that under the court’s decision, the appointment of a member was not within their authority, and that the headquarters was moved under an ordinance.

The petitioner’s counsel alleged that Sindh’s water share had been reduced.

The court remarked that it would take no further action beyond enforcing judicial orders.

The court questioned whether any work was currently being carried out on the canals. responding to the query, the AAG said that all work had been halted following the court's stay order. 

During the hearing, the count underscored that national unity must be preserved and maintained as a top priority, calling the case “not an ordinary one.” It said that the federal government would be granted time, but only if court orders were followed.

The SHC then directed the Sindh and federal governments to ensure that national unity is not harmed. It also reiterated that a federal member from Sindh must be appointed to IRSA in accordance with the court's order.

"A legal amendment should be made if necessary to resolve this issue permanently," the court remarked.

Later, the court adjourned the hearing till April 29 while extending the stay, and sought an answer from the federal government by the said date. 

It may be noted that Cholistan Canal project has become a matter of contention between the federal and provincial governments since Centre announced plans to construct six canals on the Indus River to irrigate the Cholistan desert.

The project was categorically rejected by its main ally, the Pakistan Peoples Party (PPP), and other Sindh nationalist parties.

According to government sources, the estimated cost of the Cholistan canal system is around Rs211.4 billion and through the project, 400,000 acres of land can be brought under cultivation, The News reported.

Almost all political and religious parties, nationalist groups and civil society organisations staged widespread rallies across Sindh against the controversial plan.

The Bilawal Bhutto Zardari-led party has time and again expressed reservations over the project, with President Asif Ali Zardari cautioning the government that some of its unilateral policies are causing "grave strain" on the federation.