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Pakistan misleading people on Indus Water Treaty

  1. #76
    Veteran Member ajtr's Avatar
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    Indus Water Treaty: Politicisation will only harm Pakistan

    In the run up to the Foreign Secretary level talks in end February, many Pakistan news analysts went ballistic over the river waters issue relating the Indus Water Treaty of 1960.

    The Pakistani Times of 27th February alleged that India is stealing twenty percent of water from Pakistani Rivers and that Chenab is the worst victim. It also said that India is building a hydro electric project on River Kabul using Pakistani waters!

    Sajjad Shaukat of Pakistani Observer of 27th February accused India of practising "water terrorism" against Pakistan.

    Amidst all this hysteria, the News International of Pakistan did point out that the political and military leadership as well as the conservative sections of the media raised enough hue and cry in trying to project water as the real bone of contention. It continued, that if indeed this trend continues, it will be no surprise that in due course Pakistan may push Kashmir into the background and project Indias water terrorism to counter Indias charges against Pakistan for supporting terrorism across the border as the primary issue.

    The Special report of the News International had brought some sanity into the issue and had many valid points that have been lost in the rhetoric and irrational hysteria that have accompanied in analysing the Indus Water Treaty. The points made were

    1. The Indus Water Treaty has worked both for Pakistan and India and has survived three wars and many incidents of terrorist violence and the hearty news was that the water commissioners of both countries of IWT met within six months of the most recent Mumbai attack.

    2. As the agricultural and energy needs as well as population are on the rise and with water becoming scarce because of inefficient use, waste and climate change, a distinction was then drawn between the letter and spirit of the agreement

    3. Whenever India started building a run of the river dam on one of the rivers meant for Pakistan and allowed under the treaty, Pakistan policy makers got "jittery"and feared that Indian control of Pakistans water would harm its economy.

    4. Instead of building on the strength of the IWT and ensure net gains both sides have picked up water as a "dividing tool."

    The points made are very valid. Instead of politicising the issue, there is a need to build up rather than seek a fresh agreement. Given the traditional and historic rivalries, the geographical position, greater dependence on irrigated agriculture, failure to make optimum use of a resource that is bound to progressively reduce and above all given the fact that despite wars India has stood by the Indus Water Treaty, there is an need for Pakistan to go for the spirit rather than the letter of the treaty. The more one politicises the issue in Pakistan the chances are that Pakistan will lose more in the bargain.

    Some of the articles that followed in the News International show the concerns of Pakistan and right or wrong the concerns appear to be genuine I give below some of the concerns and my response.

    1. Pakistan has never convincingly argued that not withstanding bilateral commitment under IWT, India has an obligation to preserve water in its catchment areas for the benefit of lower riparian usage under international laws.

    The IWT follows the basic principle of equitable distribution of water between two users and it will be a different ball game if the IWT is to be ignored and other international agreements are to be followed. As said before, the IWT is a unique document that has stood the test of time. There is no doubt that there is a responsibility of the upper riparian to ensure the free flow of water from the catchment areas which means that the upper riparian is responsible for ensuring that there is no man made degradation of the catchment area. But if one were to improve and develop the catchment area for the benefit of the lower riparian, the costs will have to be borne by the lower riparian- here Pakistan.

    2. So far Pakistan has put only the IWT on the table but it is necessary to put along the same table a stack of material. Legal references, conventions that place additional obligations of India so that the lower riparian is entitled to proper share of water.

    It is true that proper study of the river water issues has not been made in Pakistan. It is good that other international agreements are studied in depth rather than complaining that "India is stealing the water." Only then will Pakistan understand the benefit that they are enjoying under the IWT. To me it looks that the IWT goes much beyond the conventional laws and regulations on trans boundary rivers. No where in the world, the entire river systems are allowed to flow freely into another country without using them for ones own limited benefit.

    3. In an interview the Indus Water Commissioner of Pakistan has made certain observations. He said that the Indus Water Treaty has to be implemented both in letter and spirit. India should provide all information on projects that are started on rivers that are allotted to Pakistan. The issue is technical in nature but the concerns have been raised by media, taken up by the parliament and thus ultimately becomes a political one.

    There is no doubt that India has a responsibility to provide complete information on the projects that are being conceived and implemented on the rivers meant for Pakistan. But no where in the treaty is it mentioned that India should wait for consensus from Pakistan before starting a project. If one were to wait for consensus, it is very likely that no project can be started at all. Also there is a three-structured mechanism to resolve all differences even on projects objected to by either party. First is the regular meeting between the two Commissioners. Second is the use of a neutral expert as it happened in Bagilhar Project where India was allowed to continue the project with certain modifications suggested by the neutral expert and third is the arbitration.


    4. In the same interview, the Indus Commissioner concedes that IWT allows the run of the river projects as well as the hydro electric projects, but there is no allowance for making power on Indus and selling it Mumbai.

    This argument is very specious. So long as India is allowed under IWT to produce power on run of the river projects under the IWT, it should be of no concern to Pakistan, how and where the power is utilised. By the same argument India could question as to why all the power generated on the western rivers are used in Punjab and not any where else in Sind and Balochistan. Here again one sees the Politicisation of the issue!

    5.Pakistan stands to lose much if the treaty is to be renegotiated. The agreement needs to be slightly altered rather than cancelled altogether. Also confronting the popular demand that India is stealing the water has been found to be incorrect because the waters have not been diverted. The issue that irks Pakistan government is the dams which must be set up according to certain designs that the waters continue to flow.

    That Pakistan stands to lose much if the treaty of the sharing of Indus waters is to be renegotiated is also our position. More importantly it is unrealistic to expect both countries to look at the water development as a common project devoid of political issues as envisaged by the World Bank before the Indus Water Treaty was signed and re negotiate another treaty!

    The Indus Water Treaty has worked well for both the countries. Differences and disputes will arise due to increasing needs on the waters on both sides of the border and the position will get critical sooner than later when the water resources are dwindling and not increasing and the demands are much more. As said in my earlier paper there has to be a give and take and this can happen only when it is implemented both in letter and spirit and to me it appears that Pakistan will gain if it looks at the spirit of the treaty rather than on the letter. There are already many saner counsels in Pakistan and it is hoped that the Indus Water Treaty is seen more as a unique experiment in international laws on non navigational waters that needs to be implemented for mutual benefit and not renegotiated as such.

    ( The writer is a former hydrologist and holds a PhD on International River Systems)

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  2. #77
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    Njam Sethi on Water and Kashmir

    Cowards Think Before Going To War and Brave Think After Victory ///////

  3. #78
    Veteran Member ajtr's Avatar
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    A morning with Farah sure deseve place in WTF from Pakistan will be cross posting the same in indus water stealing thread.coz it shows how pakistani talks about without facts and figures on various issues including indus water.If this is the pakistani middle class which Nirupama Subramanian doing equal-equal with indian middle class then she is sure shorsighted.And being a Journalist she got to have facts and figure otherwise she is nothing but another DDM coz Nirupama Subramanian always tried to skirt the question by saying i ve no facts and figures so i cant comment.

    Last edited by ajtr; 22-03-10 at 03:15 PM.

  4. #79
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    Farmers protest against India at Wahga border

    LAHORE: Thousands of farmers staged a protest against Indian water aggression at the Wahga border near Lahore and demanded of the government to raise the issue in the UN, a private TV channel reported on Sunday. The protesters, led by the Muttahida Kisan Mahaz, reached the zero line where they staged a protest against India for blocking the water of different Pakistani rivers. Activists of various non-governmental organisations (NGO) and political parties also participated in the protest to express solidarity with the farmers. The protesters also established protest camps against stoppage of water by India in violation of the 1960 Indus Water Treaty signed between India and Pakistan and also demanded the government to raise the issue in the UN. It is pertinent to mention here that the World Bank (then the International Bank for Reconstruction and Development) is also a signatory of the
    treaty as a third party. daily times monitor

    Water issue a serious problem, says Shahbaz

    India not ready to hold result-oriented talks’

    Sunday, March 21, 2010
    By our correspondent

    LAHORE: Punjab Chief Minister Shahbaz Sharif has said a system, which can ensure equal rights to the people without any discrimination of colour, caste and creed and equitable distribution of resources, is needed.

    Addressing a ceremony on Saturday, he said India was not ready to hold a result-oriented dialogue with Pakistan and that water issue had become a serious problem. In this situation, he said, they would have to forge unity and solidarity in their ranks to resolve such issues.

    He said neither peace could be maintained nor investment promoted in the country without tackling the issue of terrorism.

    He said poverty, unemployment, ignorance, injustice and inequitable distribution of national resources were the root causes of terrorism. He said cruelties and highhandedness perpetrated by the Musharraf regime also contributed to the growth of terrorism.

    He expressed the fear that Quaid’s Pakistan would lose its real identity if dictation from abroad continued. He said if they did not rely on foreign aid, only then would they be able to talk to foreign countries boldly. He said the people of the NWFP were fighting a war of survival of the country and reshaping the history by rendering sacrifices and there was no service greater than that.

    He said Pakistan was rich in resources and the nation was hardworking and imbued with the spirit of honesty and Pakistanis had achieved a commendable place abroad by dint of their hard work.

    He said if complicated issues like the NFC Award could be resolved amicably, then inter-provincial disputes could also be resolved with the same sprit.

  5. #80
    Veteran Member ajtr's Avatar
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    IWT is a multilateral treaty (not bilateral) involving India, Pakistan and IBRD. It was signed by Pandit Nahru, on behalf of India, FM Ayub Khan, on behalf of Pakistan and W.A.B. Iliff on behalf of IBRD. However, IBRD restricts itself to purposes specified in Articles V and X and Annexures F, G and H. IBRD is still involved in resolution of differences, though not directly. See later as to why this is an important point.

    Article XII, Final Provisions, of the IWT states as follows:

    (3) The provisions of this Treaty may from time to time be modified by a duly ratified treaty concluded for that purpose between the two Governments.
    (4) The provisions of this Treaty, or the provisions of this Treaty as modified under the provisions of Paragraph (3), shall continue in force until terminated by a duly ratified treaty concluded for that purpose between the two Governments.

    So, IWT allows both the parties to modify the existing Treaty and can only be terminated by a newly 'ratified' Treaty. There is therefore no provision of any party withdrawing unilaterally from the Treaty. In other words, the IWT does not have a provision for self-termination.

    Of course, Pakistan may cite 'breaches by India of IWT provisions' to withdraw from the Treaty. But, for that it will have to have solid evidences and be prepared to take the matter to appropriate international arbitration. As of now, Pakistan has no proof of India breaching the Treaty even once, leave alone being a habitual offender whcih alone, IMHO, can form sufficient ground for Pakistan to seek extra-Treaty avenues. It will not be possible to take the matter to ICJ, the usual Pakistani fetish, for two reasons: one, the IWT itself has ample provisions for settlement of disputes and without exhausting those avenues, the ICJ may not even register the case and two, the ICJ may not be interested to take up the case after its previous ruling involving the Atlantique dispute between both these countries.

    In the Atlantique shooting-down case, India successfully argued, among other things, that ICJ had no jurisdiction in matters pertaining to two members of the Commonwealth and that Independent India did not inherit any treaties that British India acceded to like the General Act of 1928.

    Besides the above, India will strongly argue that the IWT, being a multilateral treaty, all the parties involved in the Treaty must also be parties to the case, a condition to which IBRD is not likely to subject itself to.

    I do not therefore see any possibility of Pakistan taking the matter to any other arbitration. If Pakistan therefore withdraws from IWT, that should simply give India a free hand to go ahead with projects without referring them to Pakistan.

    Pakistan must realize that a new and more favourable Treaty is impossible even from a India. The existing Treaty is the best it has got.

    - if Pakistan with help from its 3.5 friends will ask for a new water treaty.

    It may not be a brand new Treaty, but a modified IWT to give more guarantees to Pakistan and place more restrictions on India. The Pakistani PIC has already revealed Pakistan's approach. Pakistan wants to modify the Treaty to ensure that India does not build too many hydroelectric projects and it uses generated power only within J&K (preferably Kashmir Valley). Besides, it may want to have a say in the management of catchment areas and glaciers that contribute waters to the 'western' rivers.

    Of course, none of these can be agreed upon by India. But, India should be prepared to ward off pressure from the notorious 3. It has been the constant and successful theme of Pakistan that Pakistan's behaviour is dictated by a threatening massive neighbour. The members of the 3 have bought this argument repeatedly and tried to shape India's behaviour either through coercion or through dangling intangible carrots (which never materialized in the end).

    We have to presume that they will once again try to get some concessions from India in favour of Pakistan as they have done in the past. The Home secretary's recent declaration that India will produce a White Paper on the water treaty and its implementation so far has to be seen in this context.

    - if India, under the "aman ki tamasha" program concedes a more profitable deal for pakis (hey we are not using this water anyway, so all the unused potential is available to the downstream partner; and we do that always in india - when allocating water resources between states).

    The only waters that India has not completely used are as follows:
    Excess flood flows in the 'Eastern' rivers.
    Entitlement for agricultural use on the 'Western' rivers, and
    Entitlement for 'storage works' on the 'Western' rivers

  6. #81
    Veteran Member ajtr's Avatar
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    The coming water disaster

    M. Zahur-ul-Haq
    The Waterless Moon was a book written on Pakistan by Elizabeth Balne-aves in 1955 after her prolonged visit to the newborn country. The title of the book was itself scaring. Did it mean that the country was destined to run dry like the moon with the passage of time? Our leadership dismissed it as a revengeful prejudice of a foreigner. They boasted of the existence of five rivers and a canal network that was the largest in the whole world. In addition the existing water potential, they argued, was enough to keep the country green and surplus in food grains.
    Her prophecy, however, did not take more than 47 years to come closer to the bitter truth. On June 14, 2002, the Indian Minister for Water and Power, Chakravarty, in a formal meeting of the Indus Waters Treaty (IWT) Council held at Delhi shamefacedly declared: “When we abrogate IWT. Pakistan will be in a state of drought and Pakistanis will cry for drops of water.” Another significant statement came in 2003 from the Indian COAS who said: “The rejection of Kala-bagh Dam by some elements in Pakistan will enhance the insecurity of Pakistan.” So the government should have taken serious notice of India’s vicious intents and reacted violently with equally dreadful preem-ptive measures. They paid little heed to the damage that the abandonment of Kaiabagh Dam had in store for the future generations of Pakistan. Every successive government took shelter behind the “need for consensus of all the stakehol-ders” in respect of the dam. Pakistanis have already start-ed paying for the sins of our leaders, Rivers have run dry, existing dams have touched the dead levels, and the generation of electricity has dwindled.
    With a major part of Jammu and Kashmir (J&K) occupied by India, the conclusion of the Indus Waters Treaty was a blunder of Himalayan magnitude. President Ayub ignored the Quaid’s caution that Kashmir was the jugular vein of Pakistan. Yet he surrendered rights of three eastern rivers i.e. Sutlej, Ravi and Bias to India, who lost no time in diverting their courses to turn them into rivers of sand for Pakistan.
    The Treaty gave exclusive rights of, Jhelum, Chenab and Sindh to Pakistan but since their upper reaches lay in IHK, therefore in blatant violation of the provisions of the Treaty India started building dams on them denying the provision of their water to Pakistan. Thus, India won the head and made Pakistan to lose the tails, The Treaty could have been meaningful, to some extent, had it been concluded under the precondition of a fair settlement of the J&K dispute.
    India is playing another dirty game in this regard. Taking advantage of it close relations with Afghanistan it is all-out to deny waters of river Kabul to Pakistan. River Kabul is one of the major tributaries of River Indus and India has convinced Afghanistan to build a reservoir on it. Perhaps, financial and technical help is also being offered.

    There were times when it was said that there was a sea of underground water in the plains of Punjab and Sindh. While the low quality water could be pumped from depths of 100 to 150 ft, the high quality clean drinking was available at a depth of 250 to 300 ft. However, the rapidly reducing rainfalls and absence of water in the rivers have pushed the underground water to depths of 700 to 800 ft. Lowering of water table has been taking place at the rate of 3 ft per year. This is leading to the destruction of our tube well irrigation of lands and water supply systems of metropolitan cities.
    It is now apparent that India’s devilish aim is to make Pakistan a veritable waterless moon. As a result of this monumental water aggression, Pakistan is fast becoming a country of dying rivers. If this trend is permitted to continue Pakistan will soon die of thirst and hunger.
    India has so far built more than 60 dams and hydro-electric projects on three Pakistani rivers taking undue advantage of the Indus Waters Treaty signed on September 19, 1960. The shortage of irrigation water has already led to 4 percent reduction of food supply in Pakistan. India started building Baglihar Dam on river Chenab in 2005. It was also inclined to build Wuller Barrage which would have turned Mangla Dam into 110 sq miles into a sandy patch had its groundwork not been destroyed by the mujahideen on April 7, 1990.
    The Baglihar and Kishan Ganga dams, in addition to 60 proposed water reservoirs by India would use about 80 percent water from Jhelum and Chenab that will create drought-like conditions in Pakistan. However, the most dangerous project undertaken by India is its theft of Indus water through a tunnel. Moreover, It has planned dozens of more such projects on Jehlum, Chenab and Indus. India is all-out to turn Pakistan into a desert without any befitting retaliation from our government. The responsible leadership is answerable to the nation for this negligence that amounts to blatant treachery. Therefore, before blaming our enemy, we should first blame our own leadership that consists of men of means, who opposed the construction of Kalabagh. The generals in particular had the power and authority to build the dam but failed to do so to parry threats to the perpetuation of their rule.
    The historical evidence is there to show that many thriving civilisations, Mesopotemia is one example, have perished when their water potential dried up. The same fate is gradually unfolding in case of Pakistan. Why we are so anxious to commit national suicide? Why didn’t we build the dam?

    The people in power should know that the common man has now come out of state of complacency. The government is least worried about the coming water disaster and keeps on begging Indian authorities for talks to settle the water crisis without any success. The nation now demands the elitists in power that either they relinquish the government or realise that the nation has to be saved from extinction. Instead of begging for lower level meaningless talks it should send a firm message to India that either it should talk about J&K at summit level after having arrived at an understanding of a just and fair solution of the dispute or otherwise be prepared to face the consequences. Pakistan should attach topmost priority to the settlement of the dispute which has become a matter of life and death for it. Don’t discuss water with India, discuss Kashmir.
    The suggested policy should be of careful brinkmanship. Nevertheless, Pakistan should move hell and heaven as and when India proposes to construct a dam somewhere in J&K. Indus Waters Treaty is already in tatters due to innumerable Indian violations. Pakistan should claim the return of the three Eastern rivers and also demand the handing over of the Madhupur and Ferozpur Headwork’s from where Pakistani canals originate. The LOC in Kashmir should be declared null and void. The Radcliff Award that gave Muslim majority district of Gurdaspur to India should be revised and lines be redrawn on the map on the principle of partition of the subcontinent. It is time to correct the past blunders and injustices.
    It will, undoubtedly be a gigantic task which can be taken up only by a brave, bold and farsighted leadership. It should be able to mobilise favours of influential Arab countries. China should be approached to help because it has critical stakes in the region due to the Gwadar Port constructed with its own financial support. Pakistan should make maximum use of its strategic position in the region in dealing with the USA. It should hold out veiled threats of following independent policies in dealing with Afghan situation. It should identify anti-India elements working against the interest of Pakistan in Afghanistan and do something to neutralise them.
    The oft repeated fact may be reiterated that India has not reconciled to the existence of Pakistan even after the passage of so many decades. Therefore, it is time to act boldly with a measured and calculated caution.

  7. #82
    Veteran Member ajtr's Avatar
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    India would be foolish to allow usa creep into IWT,which is not a dispute at all.its a big lie created like that of chritine fair 1000 indian consulate in afghanistan.most of the pakistani lies orginate from usa think tank at first.

    US to engage India, Pakistan to end water dispute

    Wednesday, March 24, 2010
    Officials say potential for water conflict exists in other places as well
    WASHINGTON: A United States official has said that Washington will engage Pakistan and India to help improve their tension-brewing situation over water as Washington wants the two South Asian neighbours to avoid any conflict over the lingering dispute.

    I think we need to work on this and find ways to make sure that especially in the Pakistan-Indian case, we can help move that situation forward to an improved situation, US Under Secretary for Democracy and Global Affairs Maria Otero said at a State Department briefing on the occasion of the World Water Day on Monday.

    The US undersecretary was asked about Washingtons policy toward the water dispute between Pakistan and India in view of fears that the dispute, if not resolved, could exacerbate tensions into a conflict.

    What we want to make sure that we can do is help countries avoid conflict over water. The potential for conflict over it exists not only in Pakistan and in India but in other places as well, the US diplomat added.

    So the effort is to elevate water in our diplomatic engagement with countries, to help countries increase their own capacity to address these issues, and as the secretary mentioned today, to bring some of the forces that we can to help not only manage the existing water but also find ways to increase the supply of water. So the issue is the recognition of water as a potential source of conflict in our elevated effort to address it with greater priority than we have in the past.

    Asked if the Obama administration is specifically talking with India and Pakistan on the water issue, Otero replied: I think we are beginning to do that. And indeed, part of the discussion that is going on, we are quite aware is between the two countries.

    The role that the United States would play in any kind of existing relationship between two countries is one that has to be carefully focused, and whereas in some cases it can play a diplomatic role and help improve countries ability to dialogue with each other, she added.

    In other places, it probably needs to stand back and just let the countries move forward. So it really does vary from situation to situation, the undersecretary added. When her attention was drawn to the fact that India is building dams on rivers flowing into Pakistan and that Pakistan is facing severe water shortage, Otero responded: We are clearly aware of the enormous importance, especially as you look at upstream and downstream countries and they look at water. I think the message that we are sending today is that the United States is elevating the role that it seeks to play in issues related to water. Whether it will become the mediator in any particular conflict is not something that we are prepared to say right now. APP

    Online adds: US State Department spokesman Philip J Crowley told reporters on Tuesday that the US was broadening and deepening its relationship with both New Delhi and Islamabad and would keep encouraging them to increase their dialogue.

    I think we are satisfied with the level of engagement that we have across a wide-range of issues with the Indian government, he said, when asked to comment about the forthcoming dialogue with Pakistan just a week after Indian Foreign Secretary Nirupama Raos visit.

    Secretary of State Hillary Clinton did join Under Secretary of State Bill Burns in a meeting with Rao that was charting the way forward on the US-India Strategic Dialogue, he recalled.

    Well have a similar conversation with Pakistan this week on a wide range of issues from agriculture, water, and energy, economic development and finance, defence and security, social issues, and public diplomacy.

    Philip J Crowley said: We are broadening and deepening our relationship with both India and Pakistan, and we certainly are looking for ways in which we can continue to encourage the two countries to increase their dialogue as well.

    Asked if US was supportive of a gas pipeline deal signed last week by Pakistan and Iran, Crowley said it was a decision for Pakistan to make. But our concerns about the role that Iran plays in the region and beyond are well-known, he added.

    We continue a wide range of discussions not only in the region but around the world in terms of the nature of future economic transactions between Pakistan and Iran, and well continue that conversation, he said.

    The official said the US supported the Afghan governments interest in reaching out to members of insurgent groups provided they renounce violence, and have no ties to al-Qaeda.These are primarily issues between Afghanistan and insurgent groups as part of the reintegration and reconciliation process, he said when asked about Sundays peace talks between Afghanistan President and Hezb-e-Islamic leaders, who have links with al-Qaeda.

  8. #83
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    Hillary douses Pak's ire on water; says it's a bilateral issue

    WASHINGTON: The United States has doused a major Pakistani complaint against India on water sharing, telling Islamabad it would be "sensible" to look to the existing bilateral mechanism to resolve the issue with New Delhi.

    Ahead of a two-day "strategic dialogue" between US and Pakistan, Secretary of State Hillary Clinton rejected Islamabad's efforts to have Washington mediate in its grievance against India on water issues, while offering US help on better using its existing resources.

    "We're well aware that there is a 50-year-old agreement between Pakistan and India concerning water," Clinton told a Pakistani interviewer who suggested a US role in the matter. "Where there is an agreement... with mediation techniques, arbitration built in, it would seem sensible to look to what already exists to try to resolve any of the bilateral problems between India and Pakistan."

    The high-level Pakistani delegation that will begin talks with US interlocutors on Wednesday had penciled its water "dispute" with India as one of the items that needed US intervention. Some Indian experts believe Pakistan is essentially extrapolating the water issue to seek US mediation on Kashmir (since river heads are mostly in Kashmir), a subject Washington is leery of touching.

    Pakistan has raised the water issue to toxic levels in recent months, going to the extent of accusing India of "stealing" water and terming it "water terrorism." India, which progressively viewed the heightening rhetoric with incredulity and lately alarm, has rejected the charges.

    Indian experts, and even some Pakistani analysts, say the Pakistani establishment has deliberately whipped up a frenzy on the issue to counter Indian focus on Pakistan-sponsored terrorism and deflect attention from intra-provincial water disputes arising from poor utilization of existing resources.

    Clinton referred to it as much, saying the US wanted to "help Pakistan make better use of the water that you do have. That's going to have to be the first priority in countries including our own."

    "Let's see what we do to protect our aquifers. Let's see what we do to be more efficient in the use of our water. Let's see what we do to capture more rainwater; how do we actually use less of it to produce more crops? We think we have some ideas with our experts that we want to sit down and talk with your experts about and see where that goes," she said in what appeared to be an effort to defuse Pakistani grievance.

    The leader of the US delegation for Wednesday's talks offered a sobering assessment -- and perhaps a dampening one for Pakistan -- of the long road that lay before Islamabad before it could aspire to have the kind of ties New Delhi has developed with Washington.

    Pressed repeatedly in two interviews she gave Pakistani TV networks ahead of the talks as to why Pakistan could not have a civilian nuclear agreement of the kind India signed with the US, Clinton said that deal was a "result of many, many years of strategic dialogue. It did not happen easily or quickly."

    She was sure Pakistan was going to raise the issue of a civilian nuclear deal and "we're going to be considering it," she disclosed, but added "I can't prejudge or preempt what the outcome of our discussions will be."

    The two interviews were full of querulous complaints and grievances expressed by the Pakistani questioners, reflecting the resentment of the country's establishment that has become the basis for talks. "How come the money (from the Kerry-Lugar aid bill) has been so slow in coming, because we desperately are in need of that money?" went one question.

    "Well, the money is in what we call the pipeline. It's not easily conveyed because there are all these rules we have to follow, but it is being delivered," Clinton explained. "Money is coming forward. And we're well aware of Pakistan's financial challenges. We're going to do everything we can to expedite the flow."

  9. 24-03-10, 03:10 PM

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  10. #84
    Veteran Member ajtr's Avatar
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    Well well wel...even usa know that pakistan is lying over water issue hence they dont want to come in between rather they are advising pakistanis to improve their water management.

    Hillary Clinton's Interview With Moeed Pirzada of Dunya TV

    QUESTION: When I look at the list (inaudible), things like apart from security, we have economic development, we have agriculture, we have energy, which (inaudible) with me that all these things are very intimate and very closely linked with the issue of the water. And water, in the context of South Asia, between India and Pakistan is increasingly a transnational commodity, a transnational issue. Are we expecting the United States to play a more active and more robust diplomacy between India and Pakistan on the issue of water?

    SECRETARY CLINTON: Well, I think the issues that you mentioned are all interconnected, and you can’t pull one out and say, well, is this now going to become international as opposed to what we can do within the context of our relationship to assist Pakistan.
    Agriculture, water – they’re all connected. We think we can bring to the table technology, innovation. I announced a project that we are funding to help farmers in Pakistan update two wells so that they can get better irrigation from the water that is already there. We’re well aware that there is a 50-year-old agreement between Pakistan and India concerning water.

    What we want to do is to help Pakistan make better use of the water that you do have. That’s going to have to be the first priority in countries including our own. Let’s see what we do to protect our aquifers. Let’s see what we do to be more efficient in the use of our water. Let’s see what we do to capture more rainwater; how do we actually use less of it to produce more crops? We think we have some ideas with our experts that we want to sit down and talk with your experts about and see where that goes.

    QUESTION: Just – if I want to spend 30 seconds more on that, in the sense that what you mentioned is an internal management of the water resources, and I want to remind you that you have recently launched the Global Hunger and Food Security Initiative in which you identified that (inaudible) hunger is a strategic part of the U.S. foreign policy. So I wonder that – will you still be persuaded by the Indian argument that Pakistan and India are a bilateral relationship and U.S. cannot play an active mediation between them? Maybe water will change that perspective, that perception?

    SECRETARY CLINTON: Well, usually, where there is an agreement, as there is between India and Pakistan on water, with mediation techniques, arbitration built in, it would seem sensible to look to what already exists to try to resolve any of the bilateral problems between India and Pakistan. But in the course of the strategic dialogue, what we want to do is focus on the problem. If the problem is water or agriculture or energy, without looking externally, as we do in our other strategic dialogues, when we have a strategic dialogue with Russia, it’s between the United States and Russia.

    Now, Russia may have trouble with China or with another neighbor in Eastern Europe, but our strategic dialogue is between the two of us. And our strategic dialogue with Pakistan, which we are taking to the ministerial level at the highest level of civilian democratic leadership, is what we want to build and really put on a strong footing for the future.

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    Veteran Member ajtr's Avatar
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    Video of the above interview.

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    Aye Aye sir.After USA poured cold water over mediating over water issue now Jamat ali shah say water dispute has to be resolved bilaterally.Hey but India has been saying the same for past 63 year but then pak always run to uncle.Now if one sees there is no dispute over indus water coz india is allowed to build the dam under treaty and has been allocated water from chenab and jhelum for agriculture and storage.India has not been using its share in chenab and jhelum coz there is no infrastructure of canals and dams for storage over these rivers in india till now.Inshallah soon india will start using its rightful share of water from chenab and jhelum when kishenganga dam gets completed.And pakistans noise over stealing water is lie same as its lie that kasab and other 26/11 terrorists were not pakistani and pakistani state and army has no hand in attack.which again proved to be a lie after headly naming 3 pak army serving as Christine fairs say that pakistanis are congenial lier.Now lets look for lies in following pakistani news.

    Pak-India water dispute be resolved bilaterally: Jamaat Ali Shah

    India flouting Indus Basin Water Treaty

    Friday, March 26, 2010
    By Shahid Husain

    KARACHI: India is flouting Indus Basin Water Treaty by building big dams on the River Indus and the two South Asian neighbours should move fast to resolve their differences over the issue bilaterally to ensure peace in the region, a top Pakistani negotiator on water told The News on Thursday.

    India can irrigate 1.343 million acres of land and generate energy in the Occupied Jammu-Kashmir in accordance with the 1960 Indus Basin Water Treaty, said Jaamat Ali Shah, Pakistans Indus Commissioner. The treaty allows India to build dams, but with certain specifications ... unfortunately, these specifications are being flouted by India.(sir then please go to neutral arbitrator as happened in baglihar case)

    Pakistan and India are at loggerheads over the distribution of water as New Delhi has build dams on River Jhelum and Indus, which Islamabad says was in violation of the Treaty.

    Pakistan says that it is no getting its allocated quota of water, which is badly hitting the countrys agriculture. Islamabad has already raised the issue with the World Bank, which was the guarantor of this Treaty.

    Shah said India was supposed to inform Pakistan regarding the construction of Wuller Barrage on River Jhelum and Chutak Dam on River Indus within six months of the start of the project. But the commitment was never fulfilled and the information was provided late, he said.(already informed first in 1993)

    There are fears in the international community that the dispute over water between the nuclear-armed South Asian neighbours could escalate and lead to conflict.(sure most welcome to fight if you want india can fulfil ur that wish too and dispatch you to ur 72s)

    Ismael Seageldin, vice-president of the World Bank had predicted way back in 1995 that many of the wars of the 20th Century were about oil, but wars of the 21st Century would be over water. And South Asia, with its bulging population of around 1.5 billion, tops the region where water management and distribution remains a big issue.(now this is the real truth of water scarcity in pak)

    The US Under-Secretary for Democracy and Global Affairs, Maria Otero, had said earlier this week that Washington plans to engage Pakistan and India to help improve their brewing tensions over water.

    Shah said that the two countries should initiate efforts to resolve their water dispute bilaterally. Ask the politicians about what Washington is saying. I am an engineer and can only say that the Indus Basin Water Treaty should be implemented in letter-and-spirit and our watershed should not be destroyed if India opts to generate hydro-power in Occupied Jammu and Kashmir.

    Arif N Pervaiz, an eminent environmentalist and an independent consultant, said Washington would not be of any help to Pakistan in resolving its water dispute with India. No third country can solve a bilateral water dispute between India and Pakistan.

    However, chances of resolving the issue on bilaterally on fast track basis appear bleak, as New Delhi remains reluctant to resume composite dialogue with Pakistan despite Islamabads repeated offers.
    (same we have been saying but u ;ve habit to cry wolf and run to uncle for everything)

    Pervez said Washington or any other country can help Pakistan in water management as around 40 per cent of its irrigation water is being lost in seepage and theft.

    Water management is a crucial issue in this region against the backdrop of fast depleting water resources and booming population in the region. Chinese Academy of Meteorological Sciences says that the Himalayan glaciers, which are a major source of water for India and Pakistan, are melting at an alarming pace due to the global warming. Glaciers have been melting at a rate of 7 percent annually since 2000, as warming trends have accelerated, it said.

    If, as expected, the rate of melting continues at this high figure, glacial coverage of the Plateau will be reduced by 50 percent over the next ten years, Chinese scientists say.
    (see this is the ultimate truth they themselves saying that but blaming india is necessary to hide their incompetence)

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    The most dreaded water scarcity event has at last hit Pakistan. This is nothing unexpected. The manner in which we have been used to handle our resources and national affairs, this catastrophic occurrence was bound to take us over. Natures endowment of water blessings upon Pakistan has always been envied by the world at large. At the time of independence 5000 cu/m of water was available for each Pakistani, which has now reduced to 1000 cu/m because of uncontrolled population growth.
    Water is one resource that can not be generated it can only be preserved. Farsighted nations try to conserve each every drop of water available to them because they are aware of the fact that if this commodity is not prudently preserved and used, the human survival itself would be jeopardized and future wars would be fought for its possession and control. The only manner to conserve this resource known to man so far is to construct dams. Dams have been built for atleast 5000 years and, their functions have evolved with the developing needs of the society. Most likely, the earliest dams were built to store water for domestic and agriculture water supply. With the onset of industrial era, hydropower became a major reason to built dams. Presently dams are built to serve many other functions, such as, flood control, navigation, and recreation. According to an estimate the present volume of all storage reservoirs with gross capacity of 5 cu/km and above amounts to some 4900 cu/km. Out of this about 975 cu/km lie in North America while about 1770 cu/km are in Asia with majority in China. China has some 83000 reservoirs built for various purposes, of which 330 are major in size. While in Pakistan we have two major and about a dozen smaller reservoirs.
    It has been said that all reservoirs are doomed to die. This is due to loss of their storage capacity because of sedimentation. Assuming a hundred year average life of reservoirs (Lake Mead, USA-350 years + Tarbela, Pakistan-40 years), the world is losing about 41 cu/km of storage capacity per year. Although we can not halt their termination yet, with our knowledge and effort we can delay this process and elongate their life. So far few methods are available for prolonging the storage and life of reservoirs. Among these the most frugal and resource preservation method is construction of series of dams on the river so as to trap the sediment inflows in the upstream reservoirs and store comparatively sediment free water in the lower reservoirs. It was estimated that Kalabagh reservoir life with Tarbela upstream and a conjunctive operation could be extended to 100+ years. The other operational methods include sediment sluicing alongwith water flows through the dam outlets and flushing of accumulated sediment through reservoir regulation methods; though these method involve trade off between stored water and reservoir capacity because stored water shall have to be passed through the dam unobstructed. Another method available is desiltation through dredging. This method is so expensive that construction of a new storage would cost about one twentieth of the cost of a similar reservoir.
    Let us now recapitulate and make an assessment of ourselves to find out how and why we have suddenly become a water scarcity country from a water affluent country. Soon after the creation of Pakistan the country was faced with a number of serious problems including that of electricity and water shortage. The control of three out of five Punjab rivers had gone to India, which stopped the water supply to our canals feeding the eastern districts of theUnited Punjab and the Bhawalpur State.The unilateral action of the Indian Government ruined our cultivated land which was soon rendered dry and started becoming salinated. This affected the economy of the newly created country very badly and the danger of famine thus loomed over the nation. Pakistan therefore, had to mobilize her own resources. The search for alternate arrangements to sustain our mainly agrarian economy started. The construction of small dams on our rivers like Warsak on Kabul and Rohtas on Jhelum were taken up with the aid of Commonwealth countries. In addition, for gross utilization of the available water resources in the country, the Govt. of Pakistan set up an organization under the title Dams Investigation Circle(DIC) which was entrusted with the task of carrying out comprehensive survey for collecting the data and preparing the projects which may help in resolving the problems of water and energy shortage. By the end of May 1996, the DIC prepared a number of projects, which included Dams at Kalabagh on Indus River and Rohtas (later called Mangla) on Jhelum river.
    Investigations for construction of a huge multipurpose dam on Indus River at Kalabagh were started in 1953 and its feasibility was submitted to the Govt. after getting approved by a group of expert foreign Consultants. The Govt. approved this in 1959, the year WAPDA came in to being. In 1960 a treaty between Pakistan and India was signed with World Bank mediation widely known as the Indus Basin Treaty. According to this treaty, control of waters of Ravi, Bias and Sutlej was given to India with the condition that the Indian Govt. will compensate for the loss of Pakistan and fully participate in the construction of the replacement works with the help of the World Bank and the other aid giving agencies. The replacement works included two large dams one on the Indus and the other on Jhelum, five barrages and eight link canals and a siphon for carrying the waters of Chenab River across the Sutlej River. The then Chief Martial Law Administrator and President Ayub Khan on behalf of the Pakistan Govt. and the Indian Prime Minister Pandit Jwaharlal Nehru on behalf of India signed the treaty; Eugene Blake signed the treaty on behalf of the World Bank. For the two large multipurpose dams on Indus and Jehlum Pakistan proposed sites at Kalabagh and Rohtas (later called Mangla). Kalabagh site choice for Pakistan was obvious since lot of investigation had been carried out at this site and a feasibility report duly prepared and approved by the GOP after check and scrutiny by the foreign experts and consultants.
    In the meanwhile a group of shortsighted bureaucrats gathered around Ayub Khan and convinced him to switch over the construction site on Indus River from Kalabagh to Tarbela some 100 miles upstream. Unfortunately, Ayub Khan was neither a political leader nor had the wisdom to understand the implications of the counsel given to him. In fact it was some sort of intrigue weaved very carefully around Ayub Khan by some petty minded bureaucrats who had their own axe to grind rather than serve the national interest. On Ayub Khans insistence the design of dam at Tarbela site was prepared in great hurry, which was not based on detailed site investigations and thus had many inherent defects. The team of experts warned the GOP that this project would be a complete failure and the whole investment on this scheme will go down the drain. Incidentally no attention was paid to this warning. Ayub Khan soon came to know that the World Bank would not pay a single penny for this badly designed project of Tarbela Dam. Since, a large dam was part of the treaty, the GOP commenced work on Tarbela Dam out of the funds received for Kalabagh Dam and later approached other countries, who agreed to finance the project on terms and conditions favored to their interests. The reasons for switching over to Tarbela Dam were never made known to the public which ofcource was not in a position of raising any voice against the authority of the Martial Law Government. Kalabagh Dam was therefore thrown into the dustbin and all the resources were diverted towards Tarbela Dam. However, a lollypop was given to the nation stating that since it is intended to built a series of dams on the Indus river, soon after completion of Tarbela all machinery and trained man-power would be diverted towards construction of Kalabagh and later on completion of Kalabagh, these resources would be utilized for construction of dam(s)upstream of Tarbela at suitable sites.
    Tarbelas hurried and faulty design brought Pakistan near total catastrophe in 1974. It was only the Almighty that saved Pakistan from complete devastation. An accidental stuck-up of tunnel gates at Tarbela forced the operating authorities dump the full reservoir and when the reservoir was completely depleted it was found that large sink holes have developed on the immediate upstream of the dam. This is a phenomenon akin to silent heart attack, which results into sudden cardiac arrest without warning. With a newly full reservoir no one could visualize such a happening and one fine morning there would have been no dam resulting into the whole country being under 4-6 feet of water.
    The story of Kalabagh does not end here. During Bhutto era need for another storage seriously cropped up and research and studies with the help of both local and foreign consultants were carried out to develop the Kalabagh feasibility studies into full fledge project design. This design was deliberated by top world experts on dam design, reservoir sedimentation and operation. Due care was given to various implications involved and engineering solutions based on sophisticated techniques were chalked out. During Zia regime the World Bank committed some U.S. $7.0 billion and kept this amount earmarked for about three years. Then suddenly an intrigue based on dirty politics sealed the fate of the Kalabagh Dam for all times to come. A powerful General who was Governor of NWFP in order to put pressure on Zia for reasons best known to them, in connivance with some Consultants started marking high flood level marks on the houses, graveyards, mosques and other permanent structures, and set a wave of alarm among the public of fear of their drowning. This disturbance among the people was played up so much that a strong resistance started developing among the inhabitants of NWFP against the Dam. Most unfortunately, these high flood level marks were neither based on facts nor had any basis. The dam designers in particular and the engineering community in general based on actual studies proved and showed that even in the worst scenario when both Tarbela and Kalabagh are full and an unprecedented historic flash flood occurs, the high flood level would not reach to a stage so as to cause any damage to the populace. With regard to the fear of waterlogging in the Nowshera valley adequate provision was made for tubewell installations as part of the Kalabagh project. But, the shot had been fired and before the NWFP people fears could be quelled, the Sindh Province came out with an entirely opposite objection to the Kalabagh Dam building i.e. drought and water scarcity. The controversy has reached to an extent that today almost every one in Pakistan has formed opinion either for or against the Kalabagh Dam.
    If we look deep into the controversy we would clearly see the mistrust and distrust between the Provinces being an outcome of the suppression caused by autocratic rules and absence of democratic forces needed to freely vent and mitigate the negative forces.
    Coming back to the water scarcity problem, we find that absence of additional storages have forced us to burden Tarbela most adversely by inflicting continued low level drawdowns which caused racing of large sediment deposits within the reservoir towards the Dam much before than expected. To retard the movement of sediment towards the Dam it was required to keep the minimum pool level higher so as to keep the delta away from the Dam and maintain the reservoirs live storage as much as possible. For example, Tarbela minimum pool level initially was fixed at El. 1300 and later with the increase in sediment inflows was to be gradually raised to El. 1400 and if need arises even higher. But, successive dry years forced us to operate the reservoir at lower levels and as a result the toe of the delta has almost reached upto to mouth of the intakes. As such, this year we are forced to stop water releases from the reservoir at El. 1369 and, if we venture to lower it further all silt, sand and debris would pass through the power intakes and damage the turbines to an extent that the power house shall have to be closed for repairs involving heavy amount of foreign exchange.
    The Kalabagh controversy started some 15 years back and during this period we did nothing but to concentrate on rhetoric for or against Kalabagh. Although it was known that consensus on construction of a new reservoir above or below Kalabagh will take some time and when it somehow gets finalized then preparation of its feasibility, design and then construction all would involve not less than 15 years. One preference for Kalabagh is that its designs are prepared and even the tender documents are ready.
    It is a well-known fact that in the world most lucrative projects were conceived but resisted and washed out by envoirmentalists. That never was construed as end of the day. Planners always have alternate plans ready, which unfortunately we miserably lack. Prudence demanded that during the last 15 years we should have worked on sites other than Kalabagh and reached a level from where the actual construction commences. Not only that, we should have educated ourselves through research and study of Tarbela reservoir sedimentation processes and upgraded our knowledge of the complexity of reservoir sedimentation.
    The engineering interest in reservoir sedimentation concerns three physical aspects; (i) overall volume of trapped sediment, (ii) distribution of deposit volume, and (iii) distribution of sediment particle size within the reservoir. The loss of storage capacity due to sediment deposits reduces the efficacy of a reservoir to regulate the flow and to provide a flood control. The distribution of volume of deposit determines the relative impact of trapped sediment on the usable storage, and the distribution of particle size effects the density of deposits as well as the potential damage caused by the ingress of sediment into the power inlets.
    A number of approaches have been developed in the world to study these phenomenon. These include empirical methods; mathematical modeling and physical modeling but all these approaches have their limitations and need research and study to evaluate their effectiveness. Tarbela reservoir is one such place where ideal conditions exist to enhance our knowledge in area of sedimentation engineering.
    WAPDA was established to develop the water and power resources of the country. It was structured as a multi-disciplinary organization with wide autonomy of working. It was at its Zenith when it most successfully and in record time completed worlds gigantic Indus Basin Project. Although, after the Indus Basin Project no new large construction project with the exception of SCARP was handled by WAPDA yet, it continued its effective and productive role of water development through research and studies. Between 1974 to1987 under its aegis worlds largest ever undertaken prototype research in the mechanics of alluvial channels using the canals and rivers of Pakistan was undertaken with the collaborative sponsorship and funding from the National Science Foundation of USA. The accomplishments under this research endeavor provided worldwide designers of the alluvial channels new approaches based on phenomenon hither to unknown and unobserved. Later, the WAPDA organization entrusted with this research project was elevated into an international sedimentation research institute in order to use its knowledge and expertise to research and study the complex processes of sedimentation, the biggest menace and threat to the water resources whether these are flowing or conserved.
    Then a gradual apathy, unconcern and indifference on WAPDAs part towards its basic objective of development of water and power resources tookover; most probably due to the attitude of its higher-ups who considered WAPDAs role solely of a revenue collection agency. Unfortunately, those under the top brass were also insensitive towards the sophisticated expertise developed within the organization and therefore did not have the capability of properly guiding or counseling the decision-makers. The net result was that organizations that were built in decades were destroyed and reduced to shambles in months. The star international sedimentation research institute is now dumped into few katcha garages in a remote corner of the city. All its sophisticated equipment has either been reduced to junk or pilfered and all the expertise gained totally lost. This world renowned research institute is now headed by a Sr. Engr. who has been promoted from a mechanical overseer. Similarly, another organization, which was developed from Dams Investigation Circle (mentioned earlier), is under so much fear and harassment that its employees have practically lost all nerve. This organization is also being headed by a mechanical engineer who does not know even basics of dam engineering.

    Various periodic inspections of Tarbela Dam by experts recommended different solutions to tackle the sedimentation problems of the reservoir. For testing and researching these solutions it was proposed that immediately a physical model studies laboratory be established at Tarbela site. This laboratory would not only undertake a comprehensive research and study to find solutions to Tarbela problems but also cater for future needs of other projects on the Indus River and its tributaries. In this regard collaborative efforts were made with a prestigious Chinese sedimentation research institute. But, with the departure of those who were instrumental in developing of this collaborative activity with the Chinese, every thing was thrown to airs. The Chinese are constructing a very large dam namely Three Gorges Project. This project is not only being researched in a physical-modeling laboratory at the site but at every major engineering university in the country. What a pity? We who claim to have worlds most integrated water resource and conveyance system do not have even one laboratory in the country capable of studying dams, reservoirs or sedimentation problems. On the other hand, as announced by the Chief Executive, we are planning to construct a number of reservoirs and, unfortunately, do not posses the basic infrastructure to study the complexities involved. The one laboratory at Nandipure under the Punjab Irrigation Department is not even sufficient to handle Punjab Irrigations own problems and the efficacy and efficiency of this laboratory portrays the same story of apathy.
    WAPDA has now come up with its dream of vision 2025. With the present level of in-house knowledge and expertise can it even initiate such a utopic program? We talk of constructing projects like Bhasha Dam. Unfortunately, we think of Bhasha probably similar to a plaza. This project is going to be far more problematic than Tarbela (Refer Panel of Experts Report-1988). No local firm (s) is capable of undertaking its investigations without active collaboration of foreign experts/specialists. Had we continued the research and study efforts started way back within WAPDA, we by now would have achieved a level of knowledge whereby our dependency on foreign expertise had been minimal. But, we wasted all opportunities and chances. No we can do nothing but hold Namaz- e- Istasqa.

  14. #88
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    (The century-and-a-half long illegal, criminal and
    conspiratorial plunder of Sindhs share of the Indus
    Basin Waters, the serious water famine imposed upon
    Sindh, the ruin of its agro-based economy and the
    apprehended genocide of Sindhi people)
    Center for Peace and Human Development 2003
    Sindh – Punjab Water Dispute – 1859- 2003 2
    The conflict of water in Pakistan is assuming serious proportions.
    Two out of four provinces of Pakistan i.e. Sindh and Punjab have very acute
    differences in the sharing of water resources. It is also a major source of
    conflict in Pakistan. The major argument of Punjab is that, at an average, 35
    MAF of water goes waste in to the Arabian Sea every year. This water or
    part of it, it argues should be productively utilized to produce grain. Sindh
    on the other hand contain that this figure is a mirage and that Punjab has
    progressively and illegally appropriated more water than its legitimate share,
    greatly damaging the agro-based economy of Sindh, especially in the years
    of natural shortage. For its deep distrust, Sindh cites the example of the last
    four years (1998-2002) of natural shortage, when Sindh was clamoring for
    drinking water while Punjab was harvesting record and bumper crops.
    Mr. Rasul Bux Palijo’s research paper to a large extent explains the
    reasons of mistrust felt by the people of Sindh. It also depicts the present
    feelings of Sindh towards, what they consider an age old attempt by the
    ruling classes of Punjab to subjugate Sindh. In view of the great mischief the
    conflict of water can play the social harmony of country affecting the lives
    of very many people. Mr. Palijo’s paper goes a long way in explaining the
    deep rooted historical causes of the conflict.
    I and many others, who have passed to ponder over this matter,
    consider that the conflict of sharing of water resources of Pakistan is the
    precursor of very serious threat to the integrity of people of country and a
    cause of very great unhappiness to a large number of people of Pakistan.
    Center for Peace and Human Development (CPHD-South Asia) takes
    pride to publish this important and worth reading paper to put this case
    before people of Pakistan and of South Asia. We are thankful to Pattan
    Development Organization for their financial support in this regard.
    Jami Chandio
    Executive Director,
    CPHD-South Asia
    E:mail: jami8195@hotmailcom
    Sindh – Punjab Water Dispute – 1859- 2003 3
    Dedicated to the stolen mighty River
    Sindh – Punjab Water Dispute – 1859- 2003 4
    (The century-and-a-half long illegal, criminal and conspiratorial plunder
    of Sindh’s share of the Indus Basin Waters, the serious water famine
    imposed upon Sindh, the ruin of its agro-based economy and the
    apprehended genocide of Sindhi people)
    Most of the great world civilizations have been the gifts of the great
    rivers of the world. Disputes over waters of rivers have been occurring from
    time to time in world history.
    Thanks to the enormous development and more or less effective
    implementation of International Law about rights of co-sharers of river
    waters, most of the present day river-water disputes of the world have been
    amicably settled. The cardinal principle of the river-water law that has
    emerged out of centuries of intra-national as well as international litigation
    on the issue, is that the party at the upper side of a river (legally known as
    upper riparian) has no right to withdraw or divert water from the common
    river if it causes loss or injury to a party at the lower side (legally known as
    the lower riparian). Prof: H.A. Simth’s famous work “Economic uses of
    International Rivers”, which examines treaties between states since 1785,
    states that all these treaties proceed upon the principle that works executed
    in the territory of one state required the consent of another, if they
    injuriously affect the interests of the latter.
    In undivided India, the law of equitable use of common river waters
    developed steadily with the passage of time.
    The river Indus with its five tributaries and the agriculture based upon
    this river system, has been the mainstay of the economy of the former northwestern
    Indian territories, now constituting Pakistan. Three tributary rivers
    of Indus, namely Ravi, Bias and Sutlej enter Pakistan from India and the
    other two viz Jhelum and the Chanab flow into Pakistan along with Indus,
    from the State of Jamu and Kashmir. The waters of all the above five
    tributary rivers join that of the Indus at Panjnad, irrigate the province of
    Sindh – Punjab Water Dispute – 1859- 2003 5
    Sindh and discharge into the Arabian sea in southern Pakistan, at and around
    Keti Bandar in Sindh.
    There were, therefore, two main riparian (co-sharers and
    beneficiaries) of the waters of the six rivers of the Indus River system in the
    pre-partition period viz-undivided Punjab and Sindh, since time
    immemorial. In the latter half of the nineteenth century, the authorities of the
    province of undivided Punjab started diverting water from this system
    against the interests and rights of the Sindh province and this started the
    nearly a century-and-a-half-long, Sindh-Punjab water dispute.
    “During the last hundred years under the guidance of British
    engineers, irrigation was greatly extended (in Punjab RBP) through the
    construction of head-work weirs on the rivers and through canals.
    Flourishing colonies were established. Cultivation of cotton, wheat, rice and
    sugar cane was expanded. New towns sprang into existence. Orchards and
    well-tended farms covered the countryside. More land is irrigated from the
    Indus rivers than from any other river system in the world... one (dam)
    planned before partition was the Bhakra Dam on the Sutlej River in East
    Punjab.. .Before it was sanctioned, the down-stream Province of Sindh
    complained that the operation of Bhakra Dam would adversely affect the
    functioning of its in undation canals,”(”The Emergence of Pakistan” by
    Chaudhri Muhammad Au P: 317). This dispute attracted the intervention of
    the government of British India from time to time. It is however, continuing
    unabated to this day, due to reasons discussed below.
    The government of British India constituted in 1901, India Irrigation
    Commission which ordered Punjab to seek permission from Sindh about any
    project which it may wish to implement with regard to the waters of Indus
    river system.
    In 1919 the Cotton Committee appointed by the government of India
    to settle the Sindh-Punjab Water dispute held that Punjab should not be
    given any waters from Indus river system till the results of the projected
    Sukkur Barrage do not become evident. The 1919 government of India Act
    lay it down that the matters regarding Sindh-Punjab water dispute should be
    decided by no less an authority than the Viceroy of India himself.
    The government of India Act 1935 Section 130 and Section 131(6),
    interalia laid down the principle that no province can be given an entirely
    Sindh – Punjab Water Dispute – 1859- 2003 6
    free hand in respect of a common source of water such as an inter-provincial
    river. Examining the riparian rights, and the claims of the authorities of the
    (undivided) Punjab, that an upper riparian province in India may take as
    much water as it needs from rivers flowing through it, the Rao Commission
    headed by Sir B .W. Rao, of the Calcutta High Court, who latter became a
    Judge of the International Court of Justice, opined in “the Report of Indus
    Commission” (Para 49, Page 33), “pushed to its logical conclusion, this
    means that a province in which the head- waters of a great river are situated,
    can abstract any quantity of water and make a desert of the provinces or
    states lower down. We have already pointed out that this view is against the
    trend of international law and that in any event, so far as India is concerned,
    it would conflict with the manifest intention of section 130 and the
    succeeding sections of the government of India Act 1935.”
    Commenting on the principle of “equitable apportionment” of the
    river waters, laid down by the Rao Commission, the former Prime Minister
    of Pakistan, Chaudhry Muhammad Au says, at pages 117-118 of his book
    “The Emergence of Pakistan”:-
    “The Rao Commission laid down, as the principle governing the
    respective rights of the parties, “equitable apportionment”. This principle,
    which is internationally recognized as regulating the rights of states having a
    common river basin, includes the rule that an upper riparian can take no
    action that will interfere with the existing irrigation of the lower riparian.”
    The one and a half century old dispute between Sindh, the lower
    riparian and Punjab the upper riparian, over the sharing of the waters of the
    Indus and its main tributaries, the five rivers Jhelum, Chenab, Ravi, Bias and
    Sutlaj, is probably the longest surviving unresolved water dispute of recent
    history. It has culminated in the weaker and lower riparian Sindh coming in
    the grip of a horrible water famine and economic and social ruin. In the
    perception of many people of Sindh, there is a real danger of virtual physical
    extinction of the people of Sindh in the not too distant future, if the
    artificially imp water-famine conditions are perpetuated and/or any more
    dams like the Greater Thal Canal or Kala Bagh Dam take away even the
    present meager supply of water to Sindh, as every drop of water taken away
    from the down ward flow of water of the Indus river system, under any
    pretext whatsoever (e.g. prevention of wastage of water discharging into the
    sea), will lessen Sindh’s already vastly plundered water supply and will
    Sindh – Punjab Water Dispute – 1859- 2003 7
    accentuate the acute water famine condition in Sindh and accelerate its
    economic and social ruin.
    A deep-rooted apathy about general public concerns and cares
    dominates the minds of our common men. They are too pre-occupied with
    and over-burdened, by their day-to-day personal struggles for sheer survival,
    to care about anything else. They have no means of knowing properly, that
    in human society even one’s strictly personal and family interests are
    inseparably inter-connected with and inter-dependent upon, broader clan,
    group, ethnic, national, regional and global interests. Very few of us know
    that despite the entire variety and contradictions of our multi-furious social
    and other interests, in the last analysis, the most fundamental, the broadest
    and biggest interests of our people of all ethnic entities, nationalities and
    provinces are, in the broadest general sense, more similar and identical than
    dissimilar and contradictory. We have yet to realize that ultimately, the
    things which divide us are not as important, for our collective good life and
    progress, as those, which unite or at least should unite us. Consequently
    there may not be too many people in Punjab who may know the fact that
    whatever grievances the people of Sindh, have, in this matter, are against the
    ruling classes not only of Punjab but also of Sindh, and not against their
    brothers, the common people of Punjab, the majority of whom, they believe,
    are leading a more or less miserable life, like Sindhis and other people of
    Pakistan and the third world.
    It may therefore not be easy for them to realize how absolutely
    impossible it is for the people of Sindh to have any feelings other than those
    of fraternal admiration and respect for the people who have given our
    country and the sub continent, such unique, grand and fascinating
    personalities as, to name but a few, Sayyad Au Hujwere (Data Ganj
    Bakhsh), Baba Farid, Baba Nanik, Shah Hussain, Waris Shah, Alama Iqbal,
    Faiz Ahmed Faiz and yes, Nawabzada Nasrullah Khan, whose gigantic
    contributions to our common culture are a matter of great and just pride for
    all us.
    Under the circumstances, to the uninitiated general public of the
    country, the present imperiled condition of the endangered human specie
    named “the people of Sindh”, especially that of its agro-based rural
    population, dependent wholly and solely on the water of the now dried up
    Indus, is just one of those unfortunate but inevitable things which keep
    happening to people in this unhappy world of ours, every now and then.
    Sindh – Punjab Water Dispute – 1859- 2003 8
    The situation is hardly better even in the case of well educated and the
    newspaper reading sections of the public.
    Due to a most persistent clever disinformation campaign of the vested
    interests, the problem of the just settlement of the historic Sindh-Punjab
    water dispute, for resolving of which the then government of British India
    appointed three high powered authorities: the Cotton Committee in 1919, the
    Anderson Committee in 1935 and the Rao Commission in 1941, and which
    has defied the efforts of no less than four committees and commissions
    appointed after the establishment of Pakistan, (Akhtar Hussain
    Committeel968, Fazal Akbar Commission 1970, Anwrarul Haque
    commission 1981 and Haleem Commission in 1983) is being merely
    reduced to questions of superficial and frivolent interpretations of the socalled
    water “accord” of 1991 foisted through that notorious establishment
    puppet Jam Sadiq Ali, the iota Chief Minister, which on its very face, does
    not address, the most fundamental core issues of the Sindh-Punjab water
    dispute 1859-2003.
    It all started in 1859, when the authorities of the undivided Punjab, the
    upper riparian for Sindh, of Indus and its tributaries, suddenly began
    diverting the waters, of Indus tributaries without the consent required under
    International and sub-continental law of river waters, of the lower riparian
    Sindh, which was sharing the waters of all these rivers since times
    immemorial. In that year they constructed the central Ban Doab Canal on the
    Ravi, adversely affecting the water supply of Sindh. This proved to be
    merely the first shot in the one-and-a-half-century long predatory water-war
    the authorities of the province of Punjab are waging against its poor and
    weak neighbor the Sindh. It is an operation for misappropriating and
    plundering Sindh’s share of common waters of the Indus River system by
    hook or crook, in hundreds of brazen as well as subtle and surreptitious
    ways. It has continued unabated till today.
    The latest shot is the on-going fast-track construction of the Greater-
    Thai canal project, which is being dug day and night to present Sindh with a
    fait accomplice, under a regime of military “democracy”.
    After the Central Ban Doab, the upper riparian constructed between
    1885 and 1901, three more canals viz Sidhnai, lower Chenab and lower
    Jhelum canals, all without the consent of the lower riparian Sindh. Paharpur
    Sindh – Punjab Water Dispute – 1859- 2003 9
    Canal in 1908, upper Swat Canal in 1914 followed in similar fashion. In
    1915 they went over to a new stage of water misappropriation and plunder in
    the face of international and sub-continental law of common river waters.
    They started diverting water on a grand scale with multiple canal projects.
    The first one was the triple canal project for diverting the common waters
    through three new canals viz Jhelurn Canal, Upper Chenab Canal and the
    Lower Ban Doab Canal.
    In spite of their strong imperialistic, anti-people and biased strategies
    and cynical policies, the British colonial government in India did have some
    irreducibly minimum administrative decencies and moral restraints which,
    by and large, they firmly held to, in the face of other strategic and tactical
    considerations which indicated purely tactical and opportunistic courses of
    They never utterly deserted that great banner of good government,
    inherited by them from the Greco-Roman civilization, the rule of law and
    not of persons.
    The ruling class of the Punjab was the ally of the British since 1807
    treaty of Amritsar with them. It was their junior partner in their war of
    subjugation of surrounding Muslim areas and Afghanistan and later on,
    became the most loyal swordsman of the British empire, having proved its
    super- loyalty to the empire, by helping it in a big way, in the suppression of
    the 1st Indian War of Independence in 1857, for which it had been royally
    rewarded, besides other bounties, by the then greatest irrigation system of
    Asia, the Indus rivers irrigation system in Punjab.
    “For Punjab - the... (British) imperialists and empire- builders devised
    an entirely different scheme of exploitation. Punjab was not naturally fertile
    and rich in water resources as Bengal...
    “Unlike Bengal, where large land holdings of the Muslims were
    broken and parceled out to petty cultivators, in Punjab ….. the imperialists
    bestowed their patronage, in huge parcels of canal-irrigated and thus
    perennially fertile land, to a new breed of landed, Muslim aristocracy they
    had conjured up for their convenience, a century-and-a-half hence, we in
    Pakistan are still contending with that imperialist legacy and paying a
    colossal premium in national disarray and political chaos for that 19th
    century ‘convenience’.
    Sindh – Punjab Water Dispute – 1859- 2003 10
    “The wounds of the Sepoy mutiny were still fresh. They (the British-
    RBP) had succeeded in putting it down with the help of Punjabi mercenary
    soldiers recruited for them by petty Muslim middlemen. So they showered
    their favors in spades on these middlemen when virgin land became
    cultivable, thanks to the canals. Petty middlemen became aristocrats,
    overnight. Naturally they were beholden to their masters and readily became
    their pawns in the imperial game of rapacious plunder.”(”The Punjab Under
    Imperialism: 1885- 1947”, by Imran Ali — Review by Karamatullah K.
    Ghori, Dawn Nov: 2, 2003 Reviews, P.10)
    Sindh was then the step-child of the Bombay presidency that’s
    advanced and prosperous Hindu majority was loath to allow itself to be
    unduly perturbed by the woes of a far off piece of land, with a backward
    rural Muslim majority, like Sindh.
    In spite of their obvious imperialist bias in favor of the Punjab, the
    British did not view the grave injustice being done to Sindh like a spectator,
    nay, as an undeclared partisan of the aggressive, stronger side, as the
    pseudo-federal government authorities of Pakistan have been and are doing.
    In the matter of historic Sindh-Punjab water dispute, the British Indian
    central government tried to do justice and to ensure that it be seen by the
    world that the central government of India was really a central, non-partisan
    and impartial central government and that justice was being done between
    the big and small entities of the empire without fear or favor, in matters of
    fundamental importance to the common people.
    In the meantime, the authorities of the (undivided) Punjab did not
    keep sitting idle. In 1919, they started the huge Sutlaj Valley project for
    construction of 11 canals and 4 head works on the Sutlej River at one stroke.
    A complaint was lodged with the central government of India, which
    appointed in the same year, a committee headed by Mr. Cotton. The
    (undivided) Punjab government adopted the stand that it had the right to use
    the waters of rivers that pass through their province to the extent it is needed
    by them.
    “Cotton Committee….reported the same year that (undivided) Punjab
    should not be allocated water from Indus till the effects of construction of
    the proposed Sukkur Barrage had not become evident.”
    Sindh – Punjab Water Dispute – 1859- 2003 11
    In September 1919 government of Punjab presented Thal project as
    against Sindh’s Sukkur Barrage project. The Viceroy Lord Chelmsford
    rejected the Thal project.
    According to Dispatch No. 3-Public Works dated 2nd June, 1927,
    from the Government of India to the Secretary of State for India.(P.1), in
    April 1923, the Sukkur Barrage Project was sanctioned by the Secretary of
    State for India. (See “Indus Water Allocation” by G.K. Soomro, P.1) Within
    a month of this, the Government of the Punjab against what they regarded as
    a preference to Sindh and raised for the first time, the question of duties
    adopted for the Sukkur Project. The Govt: of Bombay strongly objected to
    this attitude on the part of the Punjab Government and contended that the
    Punjab had more than their share of the water of the Indus System for its
    schemes of perennial irrigation, while Sindh which at the time was a part of
    Bombay Presidency, had not commenced a single one. They also
    complained against the Thai Project, and considered it to be of the greatest
    danger to Sindh.
    The Government of India fully considered the two protests…. in a
    letter addressed by the Government of India to the two Provinces on 21st
    August 1923.
    It was pointed out that the Sukkur Barrage and Canals Project had
    been designed for the benefit of the region that was fully entitled to the
    water, which it was proposed to allot to it, and that its supplies must
    obviously be assured. It was also stated that the duties adopted in the Sukkur
    Project had been accepted, after careful consideration, as reasonable, regard
    being had to the peculiar conditions and scanty rainfall obtaining in Sindh.
    The Government of India said that they were not prepared to re-open the
    To establish some sort of claim on Indus Waters Government of the
    undivided Punjab, in November 1924, again re-opened the question of Thai
    Project, this time with a proposal to construct a small experimental Canal
    involving 750 cusecs. While the Government of India were negotiating with
    the Government of Bombay, regarding this request, they received, in
    September 1925, a communication from the Government of the Punjab
    stating that they had decided to drop the proposal for the experimental Canal
    and were desirous of proceeding with a bigger Thai Scheme. In the
    Sindh – Punjab Water Dispute – 1859- 2003 12
    following month the Government of India, which contemplated irrigating 8,
    80,000 acres, with a withdrawal of 3085 cusecs from the Indus in the cold
    season, received the Thai Canal Lesser Project from the Punjab. In February,
    1926, Lord Reading’s Government found themselves forced, on grounds of
    equity, to support the stand-point adopted by the Bombay Govt: and
    announced their final decision as follows:-
    (a) That until such time as Sukkur Barrage Scheme comes into
    operation, and further experience of perennial Irrigation in Sindh is
    available, the question of the volume of water required for that
    scheme cannot be re-opened.
    (b) That, faced as they are with the unknown effect of the withdrawals
    which will be necessary for the supply of the Sutlej Valley Canals in
    the Punjab, the Government of Bombay have the right to object to
    further withdrawals from the Indus or its tributaries unless & until
    definite proof can be given that the supplies necessary for the Sukkur
    Barrage Project will not be endangered thereby.
    (c) That such proof must be based upon the result of more accurate
    gauging of the river and its tributaries, which were instituted as a
    result of Sir Thomas Ward’s note of the 10th December 1929.
    In spite of the above, the Punjab Government continued to protest
    against the Sindh Allocations. The Government of India then referred the
    matter to the Secretary of State and asked for his instructions. The Secretary
    of State replied that he agreed with the conclusions of the Government of
    India, and that nothing but experience could show exactly what value should
    be taken for those duties, and having regard to the fact that Sukkur Canals
    have not yet even begun to irrigate, no reason had been shown for
    reconsideration of the duties, and it would be unreasonable in itself, and
    unfair to the Government of Bombay to re-open the question of the duties at
    that time and that the Government of Punjab should accordingly be informed
    that he regretted that after full consideration he was unable to accede to their
    The water dispute between Sindh and Punjab had by this time reached
    such proportions that government of India was forced to constitute an eight
    member committee, under the Chief Engineer of UP, Mr. Anderson, with the
    clear and express direction that no fresh withdrawals (by the upper riparian,
    Sindh – Punjab Water Dispute – 1859- 2003 13
    the province of Punjab) be recommended which may be detrimental to the
    other riparian or may adversely affect not only the existing but also the
    future rights of such riparian over the waters of the Indus waters.
    “(One of) the terms of reference of Anderson Committee (was)....“The
    possibility of finding such supplies without detriment to the parties
    interested in the waters of the Indus and its tributaries and the effect upon
    the existing or prospective rights of those parties of any fresh withdrawals,
    the authorization of which the committee may recommend.”
    In the meantime the (undivided) Punjab authorities who seem to have
    made mass manufacture of schemes and projects for taking away as much
    water from the Indus system as possible, their permanent occupation or
    rather an eternal passion, which continues till to-day and promises to
    continue as long as there is even a single cusec of water left in the system,
    for going down-stream to the lower riparian, produced yet another massive
    project for the purpose, the Bhakhra Dam project.
    Since the Punjab authorities thus continued to plan for further
    extensive withdrawals and storages, the Government of Sindh was
    compelled to lodge a complaint, in 1939, before the Government of India,
    under the provisions of Government of India Act, 1935, regarding the
    apprehended effects of the Punjab Projects on the canals in Sindh. The
    complaint in its final form was submitted to the Governor General of India
    on 7th June 1941. The Governor General appointed a Commission on 11th
    Sep, 1941, to investigate the complaint. This commission had three
    members, with Justice B.M. Rau, a Judge of the Calcutta High Court as its
    Chairman, by whose name, the Commission has subsequently come to be
    The Commission concluded that the withdrawals necessary for the
    Punjab Projects mentioned in the complaint, when super-imposed upon the
    requirements of other Projects already in operation or about to be completed,
    were likely to cause material injury to Sindh inundation canals particularly
    in the month of September.
    The Commission recommended that the only satisfactory way of
    preventing such injury was the construction of two new Barrages one in
    upper Sindh and the other in lower Sindh costing about 16 Crores. The
    Commission further found that Sindh would not be able to finance these two
    Projects without borrowing, even on the assumption that the Punjab would
    Sindh – Punjab Water Dispute – 1859- 2003 14
    make a contribution of 2 Crores, which the Commission considered to be
    a not unreasonable sum for her to pay as compensation for the damage to
    Sind Irrigation she was likely to do.(P.6)
    The Commission directed Punjab authorities not to take any action on
    their proposed project up to October 1945 and in the meantime it directed
    both the governments of Sindh and Punjab to come to an agreement. In the
    meantime status quo was ordered with regard to the distribution of water
    between Punjab and Sindh. On the orders of government of India, the Chief
    Engineers of Sindh and Punjab started negotiations under the guidance and
    supervision of Sir Claude Angles, the director of central irrigation and
    Hydro Dinlock Research at Poona, Bombay Presidency.
    At last on 28September 1945, the Sindh-Punjab draft Agreement was
    finalized which was signed by the Chief Engineers of both the provinces.
    According to that agreement, at Ghazi Ghat Punjab was to take one share
    from the Indus and Sindh was to get three shares. Article 8 of the agreement
    laid down that in future Punjab could not construct any dam on river Indus
    or on any of its tributaries without the consent of the government of Sindh.
    The Sindh-Punjab Agreement fixes priorities and provides the
    framework for sharing all the waters of the Indus main and the five Punjab
    Rivers for canals, which existed in 1945 as well as for all those, planned or
    projected. The Agreement gives detailed schedules for sharing of supplies
    when the availability of water in the river was less than the allocation. The
    Agreement also provides the framework for all future projects and sharing of
    all surplus supplies in the rivers beyond’ the needs of the then present and
    the projected scheme.
    As a result of this Agreement, the Punjab asked for a postponement of
    the reference to his Majesty-in-Council by six months to enable the financial
    agreement to be reached. Obviously the Punjab signified their acceptance of
    the Agreement on the Water Clauses to the Governor General. In reply to
    this, vide Secretary to the Governor General (Public’s) D.O. No. 204/41-
    G.G.-(A) of October 1945, the Viceroy refused the requested deferment, as
    this would delay construction work in both Provinces, and suggested that a
    clause be inserted providing for arbitration on the financial issue. Sindh
    agreed entirely with this stand-point, vide... Secretary to Governor’s
    D.O.No.1001, dated 7th November 1945.
    Sindh – Punjab Water Dispute – 1859- 2003 15
    Former Chief Engineer and Irrigation Secretary of Punjab Mr.: Pir
    Mohammad Ibrahim in his book “Water rights of West Pakistan” wrote in
    1948, at page 66 of his book, “The draft agreement between the Sindh and
    United Punjab on the clauses of which the Agreement was arrived at after
    very careful consideration, Gives the fairest possible distribution of Indus
    waters between the Sindh and Punjab...”
    The united Punjab government duly confirmed the agreement. Its only
    reservations were about the amount payable by it under the agreement to
    Sindh. Its letter dated 13. 10. 1945 to Sindh Government on the subject
    makes it abundantly clear that the Punjab government fully agreed, without
    any reservation whatsoever, with the terms of distribution of water between
    the two provinces under the agreement. The letter states inter alia:
    E.L.Protheroe, Esquire, I.S.E.,
    Secretary to the Government,
    Punjab, Public Works Department, Irrigation Branch.
    The Secretary to the Government of Sindh,
    Finance Department, Karachi.
    No.013 Cn. Dated Lahore, the 13th October 1945.
    I am directed to acknowledge receipt of your letter No. 1442-W. And
    S., dated 2nd October 1945, regarding the above and to say that the contents
    thereof have received the careful attention of the Punjab Government.
    I am to confirm that the tentative agreement reached by the engineer
    representatives of the two governments in their recent discussions at Karachi
    are acceptable to the Punjab government, provided it is an accompanied by a
    satisfactory solution of the financial issue...”
    “This Agreement has been followed, both in letter and spirit, right up
    to the break-up of One Unit. This can be seen from the fact that all actual
    Sindh – Punjab Water Dispute – 1859- 2003 16
    distribution of supplies during the period was made on the basis of this
    “When the Government of the Punjab proceeded to construct a large
    capacity B.S Link, it evoked a protest from the Government of Sindh and the
    Punjab Government had to limit the size of link within the capacity
    permitted by the Sindh-Punjab Agreement, Similarly, the Sindh Government
    proceeded to construct the G.M. and Gudu Barrages as envisaged iii the
    Agreement, without any protest from the Punjab. When the late Mr. Gazdar,
    Member of the Central Legislature, and himself a competent Engineer,
    protested against the Punjab proposals for various links on the floor of the
    Central Legislature, the Government of Pakistan gave a positive assurance to
    the Sind Government that no works outside the Sindh-Punjab Agreement
    would be allowed to be constructed, without full consultation of the
    Government of Sindh. (See the Government of Pakistan D.G Letter No. P-19
    (67)153 dated 26th March, quoted by G.K. Soomro, “Indus Water
    Allocation”, History of the Case, P.144)...”
    “Messrs Hunting Technical Services Ltd., who prepared the Lower
    Indus Report under the guidance of West Pakistan WAPDA dealt with Sind-
    Punjab Agreement in their 1966 Report. In this “Lower Indus Report Part 1,
    Chapter 3.5 at Page 47 the company has stated:
    “...For many years prior to Independence, the Sind Government was
    very concerned lest excessive quantities of water are diverted in the Punjab,
    and Sindh in the process deprived of its rightful share.
    “It was not until 1945 that an equitable solution was found when the
    ‘Sindh-Punjab Agreement’ regarding the sharing of the waters of the Indus
    and the five Punjab rivers’ was signed. Although the Governments making
    this Agreement have now passed into history, the Agreement is still
    operated.”(P. 146)
    “This Agreement was the first of its kind, in the known history of subcontinent
    when sensitive riparian problems has been solved by mutual
    agreement and acted upon by mutual agreement for a very long time. Sindh-
    Punjab Agreement of 1945 is thus an instrument of great significance and
    cannot be brushed aside as advocated by the Punjab (authorities). In fact by
    distribution of waters for all these years on the basis of Sindh-Punjab
    Sindh – Punjab Water Dispute – 1859- 2003 17
    Agreement, the Punjab has established its rights only up to the allocations,
    contained in the Agreement. (G.K. Soomro, ibid, P.53)
    No life-processes can proceed in an absolute vacuum. Besides the
    Sindh-Punjab water dispute, there were many other inter-connected interdependent
    and inter-penetrating socio political processes in India which
    were not at all at a stand still at all this time. The intensely religious and
    revivalist well- wisher and supporter of the British Empire and the great
    freedom fighter Mahatma Gandhi had taken-over the Congress from the
    slow-going moderate liberal and secular Parsi group of Bombay long ago.
    The impetus given to efforts for Indian national unity by the 1916 Lucknow
    Pact had become a thing of the past. The 1928 All Parties Conference for
    Indian unity at Calcutta had miserably failed. In his presidential address to
    the 1930 Allahabad Conference of the Muslim League, Allama Iqbal gave a
    call for the administrative grouping of Muslim majority provinces / regions
    viz Punjab, Frontier, Sindh and Baluchistan within British India. But the
    proposal met a cold response from the Muslims of Frontier, Sindh and
    There were weighty historical reasons and grounds for this. The rest
    of Muslims of India especially those of the Muslim majority neighboring
    territories of Punjab viz NWFP, Baluchistan, and Sindh, were not exactly
    happy with what they perceived as the aggressively collaborationist role of
    the Muslim elites of Punjab under the Sikh and British rules. As for Sindh, it
    could not forget that during the Sikh rule, Punjab elites kept constantly
    menacing Sindh and trying to subjugate it. Besides its obvious weakness as
    compared to the British might, it was the constant, ruthless pressure of
    Punjab rulers, which made Sindh absolutely helpless before the British
    machinations leading to its eventual subjugation by the British in 1843 (see
    “Sindh Since Centuries”- Ranjit Singh’s relations with Amirs of Sindh, P.
    260). During British rule, Punjab elites and beurocracies did not give up
    attempts to get Sindh annexed to British Punjab. Besides as mentioned
    above, Sindh, had the longest and bitterest experience of the extremely
    negative attitude of the elites of Punjab in the matter of the wholesale
    plunder of its share of the water of the Indus system of rivers. Hence it did
    not trust the elite of the most powerful Muslim majority province of united
    India and could not afford to throw the fate of their resources, rights and
    liberties at the mercy of a united province totally dominated by those most
    favored elite of the British Indian Empire.
    Sindh – Punjab Water Dispute – 1859- 2003 18
    For the preponderant majority of the Third World Countries,
    independence, unfortunately, is almost a myth. In most of such countries the
    direct rule of the British, French, Dutch, Portuguaze, Spanish and American
    imperialists was replaced by the indirect rule of US imperialism, through the
    old imperialist elites and beurocracies of these formally liberated countries.
    There has been no dearth of people in the Pakistan ruling class who,
    judging by their entire attitude to Pakistan and their haughty behavior with
    its peoples, apparently regard themselves as the virtual authorized agents and
    successors to, the British Raj directly inheriting the state of Pakistan along
    with its powers and resources from that Raj, as a reward, for past services to
    the Raj ii and beyond India.
    Incidentally, not a few Punjab elites and authorities, rather than
    dissociate themselves from the high-handed, aggressive doings of the Sikh
    State against its neighbors, lost no opportunity of proudly owning them as
    their national heritage, going to the extent that they sometimes are known to
    have reckoned sub-continental history from the time of Ranjit Singh only,
    forgetting all that was and went before him in the preceding centuries.
    Consequently in the historic, founding document of Pakistan, the 1940
    Lahore Resolution, subsequently named the Pakistan Resolution, there was
    absolutely no mention of Pakistan or for that matter, of any single, united
    state of the Muslims of undivided India.
    Through this historic 1940 resolution, therefore, the crores of Muslims
    of undivided India voiced, their unanimous historic demand that the Muslim
    majority provinces of India viz Bengal, Punjab, Sindh, NWFP and the
    territory of Baluchistan, the homelands of Bengalis, Punjabis, Sindhis,
    Pashtoons and Baloch Muslims of India should be made independent and
    sovereign states.
    It was for the achievement of the above five independent and
    sovereign Muslim states in the Indian sub continent that after the passage of
    the 1940 Lahore Resolution and the fixation of the above grand goal, that the
    crores of Muslims of the sub-continent waged a historic valiant struggle for
    independence which along with other political forces of the country shook
    the foundation of the British Empire.
    Sindh – Punjab Water Dispute – 1859- 2003 19
    In the mean time, All India elections were announced for 1946. The
    Muslims of India duly seized this opportunity and massively voted for the
    Qaid-e-Azam and Muslim League who promised them these independent
    and sovereign homelands and thus compelled the British Government and
    The Congress to recognize Muslim League as the sole representative of the
    Muslims of India and a power to be reckoned with, for deciding the future
    fate of India.
    As it happened, the elected Muslim representatives of India after their
    elections in 1946 did not honor this electoral mandate. They decided to
    substitute a single state for the proposed five independent and sovereign
    states. Incidentally this was the first major historic and fateful violation of
    the declared mandate given by Muslims of the Indo-Pak Sub continent to
    their elected representatives through their massive vote, which tradition has
    been regularly followed in later times till today, with fatal results like the
    debacle and betrayal of East Pakistan by military usurpers and their puppet
    To allay the well-founded grave apprehensions of the four provinces
    and Baluchistan, it was declared that the proposed single state would not be
    a unitary but a genuine federal state, consisting of five autonomous
    provinces with real equal rights for all provinces. It was judged that the
    presence of the preponderant numerical superiority of Bengali Muslims
    would never allow any one to dominate the whole country or its western half
    in the periphery of Punjab. This totally unexpected new prospect of a single
    Muslim state brought a sudden veritable sea-change in the thinking of the
    Punjab elites and authorities.
    The Punjab elites and authorities who, because of their stead-fast and
    powerful military and political support to the British Empire dating back to
    1807 Amritsar Punjab-British Treaty, were closer to the imperial
    government than those of any other province, possibly soon sensed, after the
    above change in the prospects of the Muslims of India, that the British rule
    might not last very long and partition may not be far off. They seem to have
    surmised that after the end of the period of the relatively fair and impartial
    legal supervision and protection of the British rule, Sindh was bound to
    succumb to the future unrestrained and irresistible pressure of the elites and
    authorities of Punjab as in the radically changed post-partition
    circumstances, Punjab was, instead of remaining the respondent and accused
    in the dispute, as before, most likely, overnight, to become virtually the
    Sindh – Punjab Water Dispute – 1859- 2003 20
    owner and master of the newly established Muslim state of Pakistan and all
    its resources, including the common waters of the Indus river system. They
    seem to have guessed that on this old, old vital issue, they would soon be
    able to out-wit, out-maneuver and brow-beat Sindh, bring it on its knees and,
    in due course, misappropriate the bulk of the waters of the Indus and its
    tributaries. In any case, they took a sudden U turn and one sidedly refused to
    ratify the 1945 Punjab-Sindh Water Agreement, so painstakingly hammered
    out, after prolonged negotiations, under the constant prodding of the British
    Indian central government.
    The Punjab authority’s non-challantly dismissed their historical U turn
    in a couple of innocuous and innocent sentences.
    “The two Chief Engineers of the Irrigation Department of the Punjab
    and Sindh started discussions... prepared a draft in 1945... (Which) could not
    be ratified?” (Indus Water Committee, January 1971, The Punjab Brief,
    Whenever there is a partition between countries, new arrangements
    for the division of the common assets have to be made.
    In 1947, at the time of partition between India and Pakistan, a
    committee was constituted by the government of India named committee B,
    for making arrangements for the division of the waters of Indus Basin Rivers
    between the two countries.
    The governments of India and Pakistan were required to place their
    problems regarding the distribution of water before this committee. If any
    side was to be dissatisfied with the decision of this committee, it could
    appeal to the Arbitral Tribunal, which was headed by the Chief Justice of
    India, Sir Patrick Spense. The Tribunal’s tenure was up to 31st March 1948.
    As stated above, the then West Punjab province and Sindh both were
    getting water from all the rivers of the Indus system.
    In the case of matters regarding these waters, before partition, both
    these provinces were respectively the upper and lower riparian, co-sharers
    and beneficiaries of these waters. Because of the partition of India and
    Punjab and constitution of the new provinces of West and East Punjab from
    the pre-partition united province of Punjab, the Indian province of East
    Sindh – Punjab Water Dispute – 1859- 2003 21
    Punjab is now the first and upper-most co sharer (riparian) of Indus
    tributaries, Ravi, Bias and Sutlaj. As between Sindh and Punjab, the
    Pakistani provinces of Punjab and Sindh are co-sharers No 2 and 3
    respectively. Pakistani Punjab is the lower riparian of Indian Punjab and
    Sindh is the lower riparian and co-sharer of both the Indian and Pakistani
    provinces of Punjab. Thus as between these two provinces, both Pakistani
    Punjab and Sindh are equally interested, affected and necessary parties in all
    questions, matters and disputes, both internal and external, pertaining to the
    waters of the Indus river system. Consequently as between these two
    provinces, without prejudice to the rights and interests of any other
    interested and entitled party, all such questions, matters and disputes
    were/are legally and morally, under international law as well as the law of
    the sub-continent, the equal common concerns of both the above riparian, co
    shares, beneficiaries and interested and affected parties viz the then province
    of West Punjab (now Punjab) and Sindh. As such, none of them, neither
    West Punjab/Punjab nor Sindh by itself and alone, had any right under any
    law, whether national or international, to negotiate or decide such questions
    with a third party behind the back of the other.
    If any negotiations were carried on and decision were made in such
    matters, under the circumstances, with any third party with the participation
    of only one interested and affected party without and behind the back, of the
    other interested and affected party, whether Punjab and Sindh or any one
    else, such negotiations and such a decision had and has to be regarded, under
    all civilized legal systems throughout the world, as illegal, without
    jurisdiction, of no legal effect and void abinitio i.e. as having no legal
    existence from the very beginning. It could not be binding on the party
    deprived of participation and representation whether it he Punjab and Sindh
    or any one else.
    More than twenty centuries back, the Roman law declared all adverse
    decisions taken behind the back of concerned and affected parties, as illegal.
    Their law said in Latin “Audi alteram parterm” or “hears the other (affected
    and concerned) party.”
    The British law says the same thing in a different phrase, “No one
    should be condemned unheard”. Is it Islamic or any other civilized legal
    system, you simply cannot take any valid decision behind the back of the
    other interested, concerned and affected parties. It will be illegal and
    Sindh – Punjab Water Dispute – 1859- 2003 22
    immoral and not binding at all upon the party against whose rights and
    interests such illegal decision is taken.
    The law of India and Pakistan is absolutely clear on this vital and
    fundamental point of administration of justice. It calls this principle viz that
    no valid and binding decision can be legally taken against the interests of
    any one, without giving him a full opportunity to present his own point of
    view, as a principle of natural Justice. No matter whether a law does or does
    not say so, it being a superior law recognized by all civilized judicial
    systems of the entire humanity, it is binding on all decision-makers, with or
    without any express legislation to that effect by any legislature.
    To mention only a few decisions of the superior courts of Pakistan, in
    1959 in the case of Chief Commissioner Karachi and another (PLD 1959 SC
    45) the Supreme Court of Pakistan observed:
    The above rule of natural justice (that an adverse d behind the back of
    a concerned party has no legal validity is not confined to proceedings before
    courts but extends to all proceedings, by whosoever held which may affect
    the person or property or other rights of the parties concerned in the dispute.
    As a just decision in such controversies is possible only if the parties are
    given the opportunity of being heard [S.C.M.R 2232 (2238)].
    In the case of Maryam Tousif (PLD 1990 Sc 666) the Supreme court
    of Pakistan observed:-
    “From the above stated cases, it is evident that there is judicial
    consensus that the Maxim “audi alteram partem” is applicable to judicial as
    well as to non-judicial proceedings.
    In the case of Dr. Nusratullah Chaudhry [1994 Lah 353 (358)] the
    Lahore High Court has said:
    “It is an established principle of law that no man shall be condemned
    unheard. It has been repeatedly held by the Superior Courts that the rule of
    natural justice embodied in the maxim “audi alteram partem” is not confined
    to proceedings before courts but extends to all proceedings by whosoever
    held which may affect the person or property or other rights of the parties
    concerned in a dispute”.
    Sindh – Punjab Water Dispute – 1859- 2003 23
    In the case of Mst: Qaisra Illahi (PLD 1995 Peshawar 22) the
    Peshawar High Court decided that if any decision is made behind the back of
    an affected party, the law will treat such a decision as having no existence at
    all. The Court has said:
    “It is a well-settled legal proposition that any order passed in violation
    of “audi alteram partem” (no body is to he condemned unheard) would be a
    In order to deal with the matter of fair and equitable division of water
    assets of undivided India, after the partition of the sub-continent, between
    the new states of India and Pakistan, each country had to appoint its team of
    representatives to negotiate a settlement. In view of the above factual and
    legal position, Pakistan had to appoint a team of negotiators from both of the
    Pakistani riparians and co-sharers of these waters viz the provinces of West
    Punjab and Sindh, which did represent, not technically and formally only,
    but in fact and genuinely the interests and view- points of both the riparian
    sides who had remained locked in conflict for nearly a century over this very
    vital and crucial matter and further, which could reconcile these opposing
    interests and view-points in the larger interests of the good of the whole
    Thus, in order to he just and proper, valid and legally binding, all
    negotiations with India regarding the commonly owned and used common
    waters of the Indus river system viz Indus, Jehlum, Chanab, Ravi, Bias and
    Sutlej, affecting the respective interests of the two provinces at dispute, were
    necessarily to he held by all the three riparians viz the province of Fact
    Punjab on Indian side and West Punjab and Sindh on Pakistan side.
    But the federal government of Pakistan appointed Ministers and
    Officials of West Punjab, riparian No.2, as the sole representatives of
    Pakistan to negotiate and decide with India, the riparian No. 1, behind the
    back of Sindh, riparian No.3, matters of the division of waters of Indus basin
    between India and Pakistan.
    Thus with a single ruthless stroke of the pen a long historical chapter;
    that of the tradition of the British imperial rule over India, in which all
    provinces, had approximately equal rights, could look up-to the central
    government for redress and protection against the high-handed actions of
    more powerful neighboring provinces, was to be closed. The times when the
    Sindh – Punjab Water Dispute – 1859- 2003 24
    Punjab authorities, almost permanent and regular plunder of common waters
    could be regularly challenged, when that central government stayed further
    adverse action and got hammered out mutually beneficial compromises and
    agreements like the 1945 agreement, had gone for good, making a keen and
    sensitive observer of Indo-Pakistan history to commiserate, in spite of all
    other just negative observations and sentiments to the contrary with the
    Like, the dew on the mountain,
    Like the bubble in the fountain,
    Thou art gone and gone for ever!
    The people of all the smaller/weaker provinces of Pakistan have,
    through their bitter experience over the last half a century, come to know
    now, to their great sorrow and pain, that Pakistan state is a democracy and a
    federation only iii name, is being virtually run as one unit and as a colonial
    autocracy and that where and when, there is any conflict of interests between
    the vested interests of the neo-colonial masters and their local
    representatives the ruling classes of the dominant province, on the one hand
    and those of the people of the rest of the provinces on the other, there and
    then, the so-called Federal Government of Pakistan, dominated by what ever
    civilian or non-civilian sub-servant, autocratic and dictatorial clique, would,
    in utter disgard of the common permanent and fundamental interests of all
    the deprived and oppressed people of the whole country, including those of
    the vast majority of the people of the province of Punjab, throw off their
    federal disguise, wipe out the democratic make up and appearing in their
    true partisan colors and shouting slogans of “Solidarity of Pakistan” “Glory
    of Islam” or “Save Pakistan from internal and external dangers” or whatever,
    would pounce upon the weak and helpless common people of the dominated,
    nominally autonomous provinces and throttle them into submission and
    But at the time, not all people fully understood this sad and tragic
    reality or the sordid motives and sinister implications of the above preposterously
    illegal and abhorrently unjust decision of the federal government
    of the time. No body could have had any inkling as to what havoc of what
    gigantic proportions was indented to be played, stage by stage, in the coming
    years and decades, with the people of the province, which gave India the
    freedom fighter, the Muslims of India the leader and Pakistan the founder
    like Qaid-e-Azam.
    Sindh – Punjab Water Dispute – 1859- 2003 25
    “The partition of Punjab cut across the rivers and canals of the Indus
    Basin irrigation system, making India the upper and Pakistan the lower
    riparian. Among the official committees appointed to deal with the various
    problems arising out of the partition of the Punjab was committee B. This
    committee consisted of an equal number of officials from East Punjab and
    from West Punjab, and was charged with settling questions of the future
    management of joint assets. the division of other physical assets and their
    valuation he report of committee B came up before the Punjab partition
    committee, presided over by the Governor and consisting of ministerial
    representatives of East Punjab and West Punjab. The partition committee
    accepted the matters on which committee B was in agreement, namely that
    the pre-partition shares of West Punjab and East Punjab in the canal waters
    would he maintained. The partition committee, like committee B, was
    however, unable to agree on the valuation of the canal system and it was
    decided to refer this question, to the Arbitral Tribunal.” (Chaudhry
    Muhammad Au “The Emergence of Pakistan” P.318)
    But strange to say, this most sensitive and grave matter of most vital
    national interest was not pursued in the Arbitral Tribunal at all, no stay order
    was obtained from it till the tenure of the Tribunal expired and as a result,
    India, which had become, in the meantime, thanks to The Raddiffe Award,
    the owner of two head-works of Pakistani canals, was enabled to stop from
    Indian side, the flow of the water from the eastern Indus basin rivers, into
    two canals of Pakistan.
    Thus the representatives of the then West Punjab, one of the two
    affected and adverse lower riparian sides (Sindh and Punjab), whose water
    supply had bean put in danger by the Radcliffe Award, did not take the
    normal elementary precautions which even a muffusil lawyer of tahsil level
    would be expected to take, under the circumstances. Of course, their legal
    representative before the high-powered Tribunal, presided over by the Chief
    Justice of India, was no muffusil lawyer of tahsil level. He happened to be
    none other than the Attorney General of Pakistan, the highest law officer of
    the State of Pakistan.
    Choudhry Mohammad All observes in his above- mentioned book:
    “Despite the fact that the Radcliffe Award had placed the control of
    head-works vital for Pakistan in the hands of India, the west Punjab
    government remained content because of the agreement reached by
    Sindh – Punjab Water Dispute – 1859- 2003 26
    committee B and the Punjab partition committee, that the pre-partition
    shares of water would not be varied. No formal document specifying the
    precise shares of East Punjab and West Punjab in irrigation waters was
    drawn up and signed. The West Punjab ministers and officials felt assured
    by the repeated declarations of their counterparts in East Punjab that there
    was no question of any change in the pre-partition arrangements for canal
    waters. The East Punjab representatives before the Arbitral Tribunal also
    made the same declarations, when the disputed question of the valuation of
    the canal system came up for a hearing. Actually, as events showed, the East
    Punjab ministers and officials were planning a deadly blow against Pakistan
    and were lulling the West Punjab government to sleep with sweet words.
    They were waiting for the day when the life of Arbitral Tribunal would
    come to an end on March 31, 1948.
    “On April 1, 1948, the day after the Arbitral Tribunal ceased to exist,
    the East Punjab government cut off the water supplies in every canal
    crossing into Pakistan. These consisted of the central Bad Doab Canal
    System, the Dipalpur Canal System, and the Bahawalpur State distributary.
    “Of this action, Sir Patrick Spens Chairman of the Arbitrail Tribunal,
    said before the joint meeting in London of the East India Association and the
    Overseas League of February23 1955:-
    ‘I remember very well suggesting whether it was not desirable that
    some order should be made about the continued flow of water... But we were
    invited by Attorney Generals [of India and Pakistan] to come to our
    discursions on the basis that there would be no interference whatsoever with
    the then existing flow of water, and the award which my colleagues made, in
    which I had no part, they made on that basis. Our awards were published at
    the end of March 1948. I am going to say nothing more about it except that I
    was very much upset that almost within a day or two there was a grave
    interference with the flow of water on the basis of which our awards had
    been made.’
    “...East Punjab now contended that Pakistan had no right to any water
    and demanded seignior age charges as a condition for reopening the canals.
    There was acute distress, which, with every day that passed, became more
    intolerable. In large areas where the subsoil water is brackish there was no
    drinking water. Millions of people faced the ruin of their crops, the loss of
    their herds, and eventual starvation due to lack of water.”
    Sindh – Punjab Water Dispute – 1859- 2003 27
    (Incidentally the existing situation in Sindh created by the artificial
    water-famine imposed upon Sindh, is a hundred times more severe and
    disastrous than described above but this time the people facing “the ruin of
    their crops, the loss of their herds and eventual starvation due to lack of
    water” are merely the people of poor Sindh.)
    Indian Punjab adopting the posture of an aggressive bully and
    Pakistani Punjab adopting that of village simpletons, trudging home on foot,
    after being robbed by big-city cheats of the last penny of their back—fare,
    the latter duly raised an anguished hue and cry, promptly marched to Delhi,
    instantly acknowledged India as the master of Ravi and Bias and Sutlej,
    abjectly signed an strange agreement literally and admittedly dictated by
    India, obediently paid signeorage money, thereby legally acknowledging
    India as the legal owner of these rivers and got temporary restoration of the
    supply of water on the explicit condition that the supply will he gradually
    decreased and finally stopped after some time!
    “Under the distressful circumstances, a delegation was sent from
    Pakistan to Delhi in the beginning of May, 1948, to seek a solution to the
    problem. The delegation was led by Ghulam Muhammad, the Finance
    Minister of Pakistan and included two ministers from West Punjab- Shaukat
    Hayat Khan and Mumtaz Daultana. At the meetings in Delhi, East Punjab
    representatives insisted that they would not restore the flow of water to the
    canals unless West Punjab acknowledged that it had no right to the water. To
    this the representatives of West Punjab could not agree. The Pakistan
    proposal that the two governments should submit their differences to the
    arbitration of the International Court of Justice was not acceptable to India.
    There was an impasse. Ghulam Mohd appealed to Mountbattan who
    consulted with Nehru. A statement was then placed before Ghulam Mohd,
    and he was asked to sign it without changing a word or a comma - a
    condition for restoring the flow of water.
    “On May 4, 1 948, the statement was signed by Ghulam Mohd and
    two West Punjab ministers on the one hand and by Nehru and two East
    Punjab ministers on the other.
    “Though India restored the flow of water to the Dipalpur canal and the
    principal branches of the Central Ban Doab canals, water was still withheld
    from the Bahawalpur state distributary and nine lesser distributaries of the
    Sindh – Punjab Water Dispute – 1859- 2003 28
    Central Ban Doab system. Eventually, considerable areas in Bahawalpur
    State reverted to desert. Notwithstanding the compulsion under which the
    arrangement was signed, Pakistan performed its part and deposited in escrow
    the sums specified by the Prime Minister of India.”(P.3 1 8-321)
    But Sardar Soukat Hayat Khan, the then Minister of the government
    of West Punjab, who was among the members of the team of West Punjab
    which negotiated with the East Punjab authorities about division of common
    water assets between India and Pakistan expressly admits that the Pakistani
    West Punjab authorities deliberately decided to by pass the Arbitral
    Tribunal, entered into direct negotiations and made an undeclared deal with
    the authorities of the East Punjab at the meeting of the two sides at
    Jallandhar and arrived at an unspecified agreement, the terms of which he
    does not choose to reveal.
    “The Division of Assets Committee had been in East and West Punjab
    and met alternately at Lahore and Jallandhar, the temporary capital of East
    Punjab. The rules were that, in case of difference between us, the case would
    be referred to the Arbitral Tribunal headed by the chief Justice of India, Sir
    Patrick Spens...
    “The question of division of water between India and Pakistani Punjab
    was to be decided at a meeting to be held in Jallandhar. I attended this
    particular meeting along with the secretary-cum-Chief Engineer of the
    Irrigation Department Mr.: Abdul Hameed, and the Chief Secretary, Hafiz
    Abdul Majeed ICS…. The next day we had to tackle the matter of the
    division of water on which our economy entirely depended. We discussed it
    amongst our own party and came to the conclusion that even if we took this
    problem to the Arbitral Tribunal and got a favorable decision, how were we
    going to get it implemented when the Head works had been unfairly allotted
    to India, in the so-called Radcliffe Award. Therefore we decided that we
    should find a via media to share the expenses of running the Head works and
    part of the canal system located in the East Punjab.... The Hindus, after long
    discussion, came to an agreement. (“The Nation That Lost It’s Soul” by
    Sardar Shaukat Hayat Khan-P: 202-203).
    “Thereafter the Government of India called a Conference at New
    Delhi. Mr. Ghulam Mohammad, who was on fairly good terms with the
    Indians, was to lead the Pakistan delegation; Mian Mumtaz Daultana and I
    were the other members of the Pakistan Team. Pandit Nehru took up a stiff
    Sindh – Punjab Water Dispute – 1859- 2003 29
    attitude but both of US from the Punjab refused to budge from the
    Agreement we had arrived at Jallandhar…. (italics mine RBP)” (ibid, p.204)
    Pakistani west Punjab authorities not only did not utilize the bilateral
    legal avenue of recourse to the Arbitral Tribunal in order to prevent the
    stoppage of water by India, but also took no recourse to the international
    legal forum of the World Court at Hague after the stoppage of water, though
    it was claimed that no such court could refuse to give relief under
    International Law in such a clear case as that of Pakistan. Various halfhearted
    and superficial efforts have been made to pass off this secretive and
    mysterious, apparently and admittedly disastrous series of misconduct by the
    concerned authorities, as innocent errors of judgments, undue credulity and
    misplaced trust, rather than to identify, recognize, condemn and punish it as
    an ingenious, deep and dark intra Punjab conspiracy to deprive, their
    traditional adversary, the lower riparian of the Indus rivers, the province of
    Sindh, of its remaining share of the water of the rivers of the Indus system
    and divide the loot among the two sister Punjab provinces viz provinces of
    West and East Punjab.
    Mr. Muhammad Ali tries to take the acts of all those responsible for
    this disaster very lightly and to explain away the sordid and heinous affair
    and the hand-made “disastrous consequences for Pakistan” created by the
    West Pakistan authorities, by attributing them to such categories of petty
    wrong-doing as mere “neglect of duty”, “complacence” and “lack of
    prudence” on the part of Pakistani West Punjab authorities on the one hand
    and to the Machivellian duplicity of the Indian East Punjab authorities on the
    other, in keeping with our well-tried and tested and brilliantly successful
    policy of portraying ourselves, to our entire satisfaction, as innocent “Babes
    in the wood”, after committing every conceivable inhuman and treasonable
    act against the nation and the people and every crime against Man and God
    e.g. debacles in Kashmir, 1965 and 1971 wars, massacres of our own
    citizens in East Pakistan and our continuing and unending disastrous
    adventures in Afghanistan. “On the side of East Punjab there was
    Machiavellian duplicity. On the part of West Punjab there was neglect of
    duty, complacency, and lack of common prudence which had disastrous
    consequences for Pakistan.” [The Emergence of Pakistan” p.319 by
    Chaudhary Mohd Ali].
    This apparently strange attitude is not confined to Mr. Muhammad All
    alone. The other stalwart of Punjab Government at the time, Sardar Shaukat
    Sindh – Punjab Water Dispute – 1859- 2003 30
    Hayat Khan also dismisses the grave dimensions of the disaster and the
    unpardonable culpability of all those responsible for it in a few formal lines,
    as if, such occurrences can only be regretted as unavoidable though
    unfortunate mistakes.
    “Alas, in keeping with their (Chanakien) philosophy, they (the East
    Punjab Government authorities) reneged later, a day after the end of the
    Arbitral tribunal. They stopped our share of the water….. From the
    headwork at Madhavpur…. and Ferozpur headwork….. This came as a deep
    shock to me.” (Nation That Lost Its Soul’ P.203)
    Malik Feroze Khan Noon the ex-Chief Minister of West Pakistan and
    ex-Prime Minister of Pakistan also justifies indirectly, in his book “From
    Memory” the secretive and declared practical by-passing of the Arbitral
    Tribunal by the authorities of both provinces of Punjab which
    (a) enabled them to avoid and prevent the issuance of stay order
    against possible stoppage of water flow to Pakistan
    (b) provided the excuses which both sides needed to fulfill the
    requirements of their common criminal conspiracy against the people
    of Sindh and Pakistan in the matter i.e. to the Indian East Punjab side
    the planned excuse for stopping the flow of water to Pakistan and to
    the Pakistani West Punjab side the planned excuse for raising a hue
    and cry about devastated fields and cattle dying of thirst etc, thus
    totally side tracking and practically eliminating from the agenda of
    division of common waters, the above mentionedl887-1948 Sindh-
    Punjab water dispute and Sindh’s rights on the common waters and
    setting up a totally new stage and scenario for misappropriating and
    dividing among themselves alone the common waters of Pakistan
    (c) Provided an excuse for treasonable implementation of the terms of
    the secret conspiratorial Jullandhar deal under the cover of helpless
    unavoidable surrender by West Punjab authorities under the pretended
    compulsions of the circumstances in order to save West Punjab from a
    most terrible catastrophe. Mr. Noon rules Out, as useless, the other
    legal and then available, highest forum for settling disputes about
    division of waters between India and Pakistan in the normal course
    viz the International Court at Hague, though he concedes that, that
    forum was bound to rule in favor of Pakistan under the clear
    Sindh – Punjab Water Dispute – 1859- 2003 31
    international law upholding the rights of lower riparian. Referring to
    the “sudden” stoppage of water supply to West Punjab from East
    Punjab in April 1948 by Indians, Mr. Noon says:
    “The water dispute though not as important as Kashmir, has now been
    settled. In 1947, when India stopped the water from the Ravi and Beas, a
    large number of our cattle died of thirst and fields remained uncultivated.
    The magnitude of our dependence on these rivers was brought home to us. It
    was one of the most illegal and crude methods that India could have tried, to
    bring us to heel. 1 always resisted any suggestion of ours to go to the
    International Court of Justice at the Hague, because no Court could have
    denied us our riparian rights of the waters of the Eastern Rivers. But what is
    the use of winning suits in Court, if such a decision cannot be backed up by
    the physical power to enforce it…. “(“From Memory” by Feroz Khan Noon,
    p. 263)
    It is the contention and the case of the people of Sindh that the
    authorities of the upper/middle riparian, the Pakistani province of West
    Punjab (the upper and lower riparian after partition, being Indian province of
    East Punjab and Sindh province of Pakistan respectively), took the following
    among other, malicious, illegal actions in furtherance of their criminal
    conspiracy among themselves and with their former fellow- provincial
    Indian authorities of East Punjab to misappropriate the bulk of the waters of
    the rivers of the Indus river system to the virtual exclusion of Sindh, the
    lower riparian, the lawful co-sharer and beneficiary of these common waters:
    1. Behind the back of Sindh, they illegally and wrongfully entered
    into a colossal, undeclared, secret and surreptitious collusive deal with
    the above-mentioned authorities of the eastern Indian fellow
    inhabitants of former undivided Punjab, treating the international
    Indo-Pak problem of the just and equitable division of Indus basin
    water between India and Pakistan as an exclusively internal family
    affair of the inhabitants of the old province of pre-partition, undivided
    Punjab to the exclusion and detriment of the fundamental rights and
    interests of Sindh and the whole of Pakistan.
    2. The totality of their behavior and actions subsequent to this illegal,
    secret, fraudulent and collusive deal irrefutably proves that as per the
    requirements of the success of the above conspiracy, their object was
    to create an artificial major water crisis between India and Pakistan
    Sindh – Punjab Water Dispute – 1859- 2003 32
    and a consequent artificial serious threat to regional and world peace,
    so that under the pretext of averting the above artificially created
    fictitious threat, the Indian accomplice in the above conspiracy, the
    authorities of the East Punjab illegally and unjustly got among other
    things, three entire rivers of the Indus system just for pea-nuts and the
    other accomplice, the authorities of the then West Punjab, got among
    other things, the control and virtual ownership of the three remaining
    rivers to the virtual exclusion of Sindh and billions worth of
    engineering works constructed ostensibly for the whole of West
    Pakistan but in reality for itself exclusively, at the expense of whole of
    3. In accordance with that deal, they did not present the just case of
    Pakistan as against that of India with regard to these waters, before the
    competent legal authority i.e. the Arbitral Tribunal which, had been
    set up for the purpose by mutual agreement of both the states of India
    and Pakistan.
    4. They did not therefore apply for a stay order to guard against the
    imminent danger of stoppage of the flow of the waters to Pakistani
    canals from their head-works, now left in India, by Radcliffe Award,
    after 1st April 1948 when the interim arrangements were to come to
    an end.
    5. With similar illegal and fraudulent object they refused to accept the
    suggested offer of the Chairman of the Arbitral Tribunal Sir Patrick
    Spence, the former Chief Justice of India, for a stay order to ensure,
    continued flow of the then existing supply of waters to Pakistan
    pending final decision of the whole matter.
    6. They never revealed the agreement that they had admittedly arrived
    at secretly with the East Punjab authorities at Jullundher about the
    division of water assets between India and Pakistan.
    7. In order to provide a fig-leaf cover for their conspiratorial, anti-
    Sindh, Anti Pakistan actions, they invented and obliquely peddled a
    fictitious excuse expressed through seemingly incidental remarks of
    different leaders trying to explain the reasons for their authorities not
    taking the normal, proper and agreed course of action of putting their
    case properly before the officially created Indo-Pak Arbitral Tribunal,
    Sindh – Punjab Water Dispute – 1859- 2003 33
    and for not obtaining from it a proper stay order against possible
    sudden stoppage of water by India.
    8. This obliquely and impliedly offered excuse was that it was useless
    to go to the Arbitral Tribunal because its decision could not be
    implemented against powerful India.
    9. Every one knows that India had not suddenly become far bigger
    and stronger than Pakistan over-night, in the beginning of the year
    1948. The land, people and resources of the territories comprising the
    new states of India and Pakistan were never equal. Those of the
    territories comprising the present state of India were always greater
    then those of the territories comprising the present state of Pakistan.
    This obvious fact was known by all when Pakistan was demanded as
    well as when arrangements for partition including the constitution of
    partition committee and Arbitral Tribunal were agreed upon by both
    the India and Pakistan sides. No new revelation about the relative
    strength of India and Pakistan had suddenly descended from the
    heavens upon the West Punjab authorities to necessitate and justify
    their suddenly boycotting the mutually agreed forum of Arbitral
    Tribunal and entering into a super-secret, deliberately unwritten and
    undeclared, private, intra-Punjab deal in the darkness, behind the hack
    of the other people and provinces of Pakistan and declining the almost
    express offer of an stay order from the Arbitral Tribunal to protect the
    continued flow of water to the concerned Pakistani canals. The actual
    purpose was to set the stage for the pre-arranged stoppage of water by
    India, raising of hue and cry by West Punjab authorities about Hindu
    Chanakian betrayal and impending destruction of Pakistan and
    ultimately facilitating and resulting in, the distribution of the bulk of
    the water of all six Indus system rivers by the new provinces of the
    Punjab viz West and East Punjab among themselves, to the virtual
    exclusion of Sindh.
    10. Struggling peoples and emerging countries like those of Pakistan
    do not face their national problems and challenges in the way the
    West Pakistan authorities are shown to have done as the
    representatives of Quid e-Azam’s Pakistan. The initially weak peoples
    and their emancipation movements, like those of Angola,
    Mozombique, Nomibia, South Africa, Algeria, Cuba, Lous,
    Combodia, Korea, Palestine etc, do not desist from struggle because
    Sindh – Punjab Water Dispute – 1859- 2003 34
    of the overwhelming strength of their adversaries. Even Pakistan
    itself, in subsequent encounters with its powerful neighbor, in spite of
    its relative weakness, never boycotted the notoriously weak and
    practically worthless international settlement forum of United
    Nations, never knuckled under to
    India and never entered into any secret un-declarable, shabby dark
    deals with it, because of its superior strength.
    11. The authorities of West Punjab, the famous erstwhile swords-man
    of the British Empire, had not suddenly become transformed into
    frightened lambs, trembling with terror at a glance at the mighty lion,
    India. They could only have been gambling and play-acting for very
    sound, very selfish and highest-ever stakes. Subsequent march of
    events has proved that they were indeed busying big-game hunting
    and stooping to the above pathetic role only in order to conquer.
    12. What they had created the artificial crisis for was not the mere
    restoration of water supply for their two affected canals, of course.
    They wanted to use the managed discontinuation of water supply for
    building darns and link canals in Punjab, in order to siphon away the
    bulk of all the Pakistani waters for Punjab alone.
    “….I was firmly of the view that the sooner we build our own dams
    and link canals the better for our future. When I became Chief
    Minister in 1953 I expressed this view to the Central Government and
    to Mr. Mueenuddin, C.S.P., who was one of the delegate’s in-charge
    of these negotiations on behalf of Pakistan. And I am glad to say that
    ultimately my views prevailed...” (“From Memory”, by Firoz Khan
    Noon, P: 264)
    13. They were laying a death-trap for catching and enslaving the
    mighty Indus, the world-famous Lion River and for thus decertifying
    and destroying their century-long adversary, Sindh, incidentally the
    first gate-way of Islam, the first to pass the Pakistan resolution
    through its Provincial Assembly and to give its Provincial Capital as a
    gift to Pakistan and the Quid for being made the first official home of
    the Quid and the Capital of Pakistan.
    14. As soon as the first scene of drama was successfully enacted, the
    cat started coming out of the bag. Even the need for keeping up
    appearance and some how maintaining the facade of federation and
    Sindh – Punjab Water Dispute – 1859- 2003 35
    respect for the rights of federated provinces was brushed aside. They
    straightaway went for Indus and started, behind the back of Sindh, the
    survey and planning for misappropriating its water.
    “Soon after the Indians stopped the flow of canal waters. I asked West
    Punjab engineers to survey sites for storage dams on the Jehium and Indus
    rivers. Of these sites Mangla, on the Jehium, was the most promising. On the
    Indus River a site at Darband was at first favored, but later studies showed
    Tarbela to be more suitable.” (“The Emergence of Pakistan”, by Chaudhri
    Mohd. Ali, P: 325)
    With the benefit of the hind-sight of the diabolic conspiratorial doings
    of our criminalized political system and of the suicidal antics of its neocolonial,
    autocratic and oppressive state apparatus, it is no longer necessary
    to possess divine powers in order to guess that the Pakistani West Punjab
    authorities of the time’ have taken a firm decision to take the fullest possible
    advantage of the rare historic opportunity of the formation of a brand new
    state expected to fall under the total hegemony of their dominant province
    and the permanent elimination of those constant irritants, the continuous
    interventions by that busy-body, the central government of British India and
    (a) Treat and use the multi-people, federal, democratic and liberal
    state of Pakistan envisaged by Mohammad Au Jinnah, as their
    conquered territory and make it essentiality a unitary, autocratic and
    hegernonistic state of greater Punjab under a euphemistic name-plate
    and to use and treat the nominal federal government and its civilian
    and non-civilian forces and authorities as the servants and guardians
    of the vested inter of the ruling class of Greater Punjab.
    (b) Whenever necessary for protecting and advancing the above
    vested interests, to ruthlessly resort to draconian laws dictatorial
    regimes and pure terror and armed actions.
    The first stage of the vision apparently was the economic
    conquest of the new country of which the first and main item was
    It appears that these adventurous elements conceived a very thorough
    and comprehensive long-term multi dimensional and multi-stage plan along
    with an extremely clever set of strategy, tactics and policies to achieve their
    Sindh – Punjab Water Dispute – 1859- 2003 36
    object. The subsequent march of events goes clearly to indicate that they
    planned to proceed step by step some—what along the following lines:
    1. Use the occasion of the post-partition division of water assets between
    India and Pakistan to:
    (1) Pretend and have it believed that the international laws of river
    water rights and liabilities and the concepts of the upper and lower
    riparian and their rights and liabilities do not exist or at least do not
    apply within Pakistan.
    (2) Pretend that, as between India and Pakistan, the lower riparian is
    one and not two, only Punjab and not Sindh.
    (3) Treat the common waters of Pakistan, passing through Punjab and
    Sindh to wards the sea, as the sole property of undivided Punjab to he
    divided between its newly created Western and Eastern parts viz the
    new provinces of the East and West Punjab.
    (4) On the basis of these premises, through the instrumentality of their
    subservient central authorities, to bestow the sole right and authority
    to negotiate with India for the decision of the common water assets
    upon the representatives of the province of West Punjab only, as the
    sole owner and master of these Pakistani waters.
    2. Strike a secret deal with the authorities of the Indian province of East
    Punjab for dividing the entire water resources of the Indus basin among
    themselves. Relying upon the fact that the Western and Eastern portions of
    the united Punjab had existed as a single entity for centuries and were, as
    that single entity, co accused in the complaints lodged by Sindh with the
    government of India against united Punjab regarding illegal appropriation of
    common waters. Their interests in the water dispute were thus to a very great
    extent, identical visa vis Sindh, their common historical adversary. Despite
    the pangs and blood-letting of partition, both sides appear to have realized
    that this was the easiest, and the most profitable, and opportune thing for
    both to do, if they so desired and chose, to exploit to the full, the rare
    favorable combination of circumstances provided by that very partition.
    3. Under the terms of such a secret deal artificially to create a water dispute
    between the co-conspirators, the eastern and western parts of the former,
    Sindh – Punjab Water Dispute – 1859- 2003 37
    united Punjab, by Pakistani western side fore-going the obtaining of the
    necessary stay order against stoppage of water supply to Pakistani canals by
    India and the eastern side going along with the pre-arranged stoppage of
    water of Pakistani canals. Indian Punjab assuming the pose of intransigence
    and Pakistani Punjab assuming the pose of helpless and injured innocence.
    4. Raise a vociferous hue and cry about the so-called fatal adverse effects of
    such pre-arranged stoppage of water and under the pretext of a doomsdaylike
    emergency situation; sell away to India three common rivers of the
    Indus system for pea-nuts obviously as a part performance of the secret deal
    with India.
    5. Magnify the artificially created water-stoppage into a burning
    international dispute threatening international peace and security.
    6. Utilize the cold war world environment to involve the western countries
    and World Bank in so-called negotiations for the so-called settlement, at the
    expenses of Sindh, of the so-called burning international dispute.
    7. Ultimately shut the mouth of Sindh by imposing one- unit through
    administrative terror, thus eliminating the very existence of Sindh as an
    autonomous provincial entity which it had achieved by decades-long valiant
    struggle under the leadership of the Quid-e-Azam, as a litigant party and as a
    complainant in the historical water dispute with the former province of
    united Punjab, now conspiratorially operating against their adversary as two
    separate and antagonistic provinces of West and East Punjab.
    8. Hiding behind administrative technicalities and in utter violation of the
    principles of natural justice, illegally throw out Sindhi representatives from
    the negotiating team and act as the sole master of the waters of Pakistan.
    9. If necessary have a Martial law imposed as a tool to carry out the unholy
    work of the real masters.
    It is the firm conviction, contention and case of the Sindhi people that
    the series of actions from the day in 1947, Sindh, the lower riparian and the
    co-sharer of the waters of the Indus river system was wrongfully,
    maliciously and illegally excluded from the Pakistan delegation which
    negotiated the settlement of the division of Indus rivers system waters
    between India and Pakistan to the latest imposition of artificial water famine
    Sindh – Punjab Water Dispute – 1859- 2003 38
    and Greater Thai Canal and other devices to rob Sindh of the last drop of
    water, are parts of a diabolic anti-Pakistan, anti-Sindh criminal conspiracy
    spread over the entire period of the existence of Pakistan up to this day.
    Needless to say, the above decision of the Federal Government was
    totally illegal, without jurisdiction, without any legal effect and void abnitio
    i.e. as some thing, which never had come into existence. All agreements and
    decisions, emanating from the entire edifice founded upon the illegal and
    void foundation of this illegal and void decision of the federal government
    excluding Sindh the lower riparian, not to mention the rest of the provincial
    interested parties, from the process of negotiations and decisions were void
    and of no legal effect in the eyes of the law of the land and the civilized
    Of course there is no eyewitness to testify and support the above
    So how do you prove such charges without eyewitnesses?
    The question is, “are crimes to go un-punished because no one can
    swear and say “1 saw this crime being committed?” As a full Bench of the
    Supreme Court of Pakistan has said in Fakku Mia’s case (1969 P.Cr.L.J
    1193) “when murderers discuss a criminal plan in home, they do not shout
    the conspiracy to outsiders to make them eaves-droppers (P: 1194).
    It has been laid down by the Supreme Court of Pakistan that in cases
    where there is no direct evidence to show in what manner the offence was
    committed, the courts must examine the probabilities in the light of indirect
    evidence or circumstantial evidence, which, once found to have been
    established, may well furnish a better basis of decision than any other kind
    of evidence. [SCMR 1969 (2046)].
    In the case of Amiruddin (PLD 1967 Lah .1190) the Lahore High
    Court has laid down:
    “The offence of conspiracy by its very nature is secretive and
    surreptitious, and if a rule of evidence.., is laid down to the effect that an
    agreement (about conspiracy)... is to be positively proved, the proof of
    conspiracy would become impossible”. In the case of Syed Qaim Au Shah
    (1992 P.Cr.L.J 242) the Sindh High Court has reiterated the above legal
    position and added, “If several steps are taken by several persons, tending
    towards one obvious purpose, it can be presumed that these persons had
    Sindh – Punjab Water Dispute – 1859- 2003 39
    combined together to bring that end which their conduct obviously appears
    to attain.”(P: 249-50).
    In the case of Mukhtar Ahmed (2000 MLD 77) the Lahore High Court
    has held: “Conspiracy is an intrigue or scheme which germinates in the dark
    alleys of sinister minds and comes to light only when its external results are
    known it would be seen that happed of an event or existence of state of
    affairs is one thing and proving at subsequent stage the particular manner in
    which it had happened or had prevailed are altogether different things. Nonproving
    of conspiracy through sufficient evidence of acceptable legal
    standard would never mean that such an event had not taken place ...
    conspiracy is not easy to prove”. (P: 80-81).
    In the case of State V. Manzoor Ahmed (PLD 1966 SC 664) a full
    Bench of Supreme Court of Pakistan consisting of M/S Justice A.R.,
    Cornelius C.J Hamoodur Rehman and Muhammad Yaqoob, all three former
    Chief Justices of Pakistan, laid the law regarding the importance of indirect
    and circumstantial evidence as under:
    “In case where there is no direct evidence.., it is not sufficient... To
    say that since there is no direct evidence to connect any one with the
    felonious act, the guilt cannot be fixed.”
    In the case of Afzal Hussain (1991 P.Cr.LJ 113) the Lahore I-ugh
    Court has said, “The law has always considered the circumstantial evidence
    as a lawful guide in the administration of criminal justice and circumstances
    established beyond reasonable doubt could furnish a basis for decision,
    better than any other kind of evidence……. If some inculpatory
    circumstances were found to be incompatible with the total innocence of the
    accused or were incapable of any explanation upon any reasonable
    hypothesis other then his guilt, then such circumstances could form a valid
    foundation for the conviction of the person accused of charge”.
    In the light of above position, let us try to find out if the conduct of
    the concerned authorities in the above matter is throughout normal and
    above board or not? And if not, whether there is any plausible and
    reasonable explanation for these abnormalities. The following are some of
    the important questions that arise from the way this matter has been dealt
    with by the Punjab authorities:
    Sindh – Punjab Water Dispute – 1859- 2003 40
    1. Whether the above mentioned acts of omission and commission of West
    Punjab authorities, individually and collectively were in accord with the
    usual and normal procedure of transacting official state business and was the
    behavior and conduct of the West Punjab authorities in accord with the
    normal and proper behavior and conduct of similarly placed public and state
    authorities of a federation in similar circumstances?
    2. Whether all these strange actions individually and/or collectively can be
    taken as merely accidental, individual and isolated acts of several individuals
    acting thought-lessly and haphazardly on their own without any common
    motive, object, concert and design?
    3. Whether as soon as partition of India was decided upon and necessary
    preparations for implementing it, including arrangements for dividing water
    assets among the two states, were started, those in responsible positions on
    the Pakistan side really suffered a sudden attack of amnesia and total loss of
    memory and whether, as a result they instantly forgot: -
    (1) That Pakistan consisted at the time, of five provinces including
    Sindh and not one only one viz West Punjab?
    (2) That there are such things as Indian, Islamic and International laws
    of river waters?
    (3) That such laws have clearly laid down the rights and
    responsibilities of the parties called riparian benefiting from the water
    of rivers known as upper riparian, middle riparian and lower riparian?
    (4) That East Punjab is/was the upper riparian of the eastern rivers
    of the Indus river system?
    (5) That West Punjab and Sindh are the two lower rip arian of the
    above river system?
    (6) That no decision can/could be validly taken in the absence of a
    concerned or co-sharer party under any legal system of the whole
    civilized world?
    (7) That participation in the process of the division of water assets
    between India and Pakistan, therefore had not to be confined to East
    Sindh – Punjab Water Dispute – 1859- 2003 41
    and West Punjab only but also to be necessarily extended to Sindh the
    lower most riparian?
    (8) That official talks negotiations and agreements are not to be
    confined to whisperings in secret hideouts but recorded properly in
    official and legal language not only for the use of those living but also
    for State and public record and for those yet to be born in posterity?
    (9) That the Indian authorities by whom they claim to have been
    suddenly overawed into signing away the three tributary rivers after
    1st April 1948 were not total strangers to them and were the very
    same people whom their people and leadership were dealing with for
    the last nine centuries including the two centuries of British rule, up to
    that very date?
    (10) That according ,to the entire world-historic practice of sensible
    and self-respecting peoples and nations of the world, if some little
    area of your vast land is not cultivated and some cattle suffer dearth of
    water due to hostile action all that you can and should do, is not
    immediately to sell away your entire rivers and get a little water for a
    while, to be stopped entirely after some time and not to provide proof
    of the said sale as proper legal and complete, by paying money in
    token of your surrender of your rivers and temporary purchase of a
    little water from them?
    4. Whether the Pakistani West Punjab representatives appointed for settling
    water distribution problem with India had been given the normal written
    instructions regarding what they could and could not do?
    5. If so, whether these instructions empowered them to enter into secret
    verbal agreements with the authorities of East Punjab without reducing them
    into writing?
    6. If so, whether under those instructions, the terms of such verbal
    agreements were to be communicated to their principals i.e. the governments
    of West Punjab and other provinces and of Pakistan?
    7. If so, whether these terms were communicated in writing to those
    governments and were available on the record of these governments for all
    these decades?
    Sindh – Punjab Water Dispute – 1859- 2003 42
    8. Whether these terms were ever made public during all these decades
    in order to enable the people of Pakistan, to judge for themselves, whether
    these were just and fair to all parties concerned, including Sindh, the lower
    riparian? If not whether any reasons were ever given or can be given even
    now, to the people for keeping them secret for ever? Can these be disclosed
    and published to day for public information?
    9. Whether any competent higher authority took a proper decision
    practically to by-pass the Arbitral Tribunal, decline the available vital stay
    order, thus endangering the continued supply of water to the affected
    Pakistani Canals, and creating an international crisis? If so, which was that
    authority and on what date was this fateful decision taken? Whether that
    decision is available on the record? Can it be made available and published
    for general public information?
    10. Was the Attorney General of Pakistan concerned authorized not only
    not to obtain a stay order but even to decline the express offer of Sir Patric
    Spense, the head of the Tribunal about a stay order?
    11. Whether, in case no such instruction was given to him and he acted in
    violation of the letter and spirit of his instructions from the concerned
    governments or without instructions, on his own, was any action taken
    against him for acting in the manner he had acted, leading to such
    “disastrous consequences for Pakistan?”
    12. Whether any proper instructions authorized the Central and West
    Punjab authorities to agree to the Indian orders to them virtually to sell away
    the common eastern rivers and pay seignior age money for the temporary
    resumption of supply of water?
    13. Whether, in case none of such actions were covered by the
    instructions given, were the perpetrators of such monstrous violations of
    their specific instructions stopped in their tracks at the very first intimation
    of such violations?
    14. Whether any explanations from the guilty authorities were called for
    and submitted by them? If so where that record is and what exactly does it
    Sindh – Punjab Water Dispute – 1859- 2003 43
    15. Whether any disciplinary action was taken against those found
    responsible for what has been judged by the former Prime Minister of
    Pakistan. Chaudhry Mohd Ali as at least “neglect of duty, complacence and
    lack of common prudence” which had caused “disastrous consequences for
    16. The minimum punishment that could be given under the
    circumstances for acting contrary to instructions, insubordination and
    disobedience in such a matter of life and death of the nation, in the case of
    public servant, being dismissal, discharge or at least transfer to some other
    duty, was any of these punishments given to those found responsible for the
    above disastrous consequences for Pakistan?
    17. Whether it is a fact that Khan Bahadur Hafiz Abdul Hamid was the
    main West Punjab officer who played the star role in the above-mentioned
    shady secret deal with the Indian Punjab authorities which “disastrous
    consequences for Pakistan”?
    18. Whether this same worthy officer was again entrusted with a leading
    role on behalf of Pakistan in the negotiations at the second stage viz those
    with the World Bank and other countries of the World which culminated, so
    far as one of the main interested and affected parties, Sindh, is concerned, in
    the exparte, one-sided, illegal and void abinitio as far as Sindh is concerned,
    the Indus Basin Treaty of 1960?
    19. Whether there was any special reason or justification for not only not
    taking any action in the matter against anyone but continuing to
    employ the very same officers who played such admitted havoc in the
    very first stage of the talks, in the next stage of the talks also viz the
    stage of multi-national talks culminating in the Indus Waters Treaty
    Let any honest, sensible and prudent man look at and ponder over the
    above mentioned acts and conducts of concerned West Punjab ministers and
    high officials, in the light of the above and other relevant questions and
    decide for himself whether all the above-mentioned acts and conducts of the
    West Punjab authorities could, by any stretch of imagination, be taken as the
    above-board acts and conducts of honest and upright men and conscientious
    and scrupulous high functionaries and leaders of a civilized state or on the
    contrary, the secretive doings of conspiratorial groups of men silently
    Sindh – Punjab Water Dispute – 1859- 2003 44
    hatching-up, planning and perfecting in darkness, an elaborate fraud of
    Himalyan proportions, to stab in the back an entire fraternal people, under
    the cloak of performing routine and normal federal state functions and
    defrauding it of its very life-blood, its water, the source of the life and
    sustenance of each and every one of the crores of its men, women and
    It is the well considered contention and case of the Sindhi people that
    none of the strange, abnormal, unnatural, illegal and high-handed acts of
    omission and commission of the Pakistani Punjab authorities mentioned
    herein before and herein after can be believed by any stretch of imagination,
    to be fortuitous, accidental, un-intentional or un-premeditated. On proper
    examination and evaluation of all the relevant facts and circumstances, it
    will be found that there can not be any reasonable, credible, lawful and
    innocent explanation for them as a whole and that these are totally
    inconsistent with the probability of the innocence of the above authorities.
    Consequently, apart from technicalities which the Superior Courts of
    Pakistan, who “lean in favor of substantive justice” [ Au 1997 CLC 768 (773
    E)] and who “have consistently ruled in favor of the principle that
    adjudication of disputes should be premised on merits rather than
    technicalities” [Afzal 1997 CLC 1080(1083)1, do not regard with much
    favor, applying the ultimate test of the concept of proof [Qanun-e- Shahadat]
    if an honest, sensible and prudent person were told the story which is related
    in these pages, of how the Punjab authorities and the federal authorities of
    Pakistan have dealt with the question of the waters of the Indus basin visa
    vis the rights and interests of Sindh, the lower riparian, since the days
    Pakistan came into existence, he would be fully convinced, without any
    reasonable doubt, that Sindh has been made the victim of one of the greatest
    and longest continuing criminal conspiracies of world history, aimed at
    defrauding it and resulting in, misappropriation, of the bulk of its lawful
    share as a lower riparian, in the common waters of the Indus river basin.
    Indo-Pak talks for resolving the “water dispute” started in March 1952
    under the auspices of the World Bank. Initially engineers from Sindh,
    N.W.F.P and Bahawalpur and Khairpur States besides Punjab were included
    in the Pakistani team.
    The engineers from Punjab reportedly behaved as if they owned all
    the waters of Pakistan. Their objectives appeared to be (1) To keep the
    Indian side happy. (2) To stick to their secret deal with Indian Punjab, and
    get its terms approved by hook or crook. (3) To get a dam and link canals on
    Sindh – Punjab Water Dispute – 1859- 2003 45
    Indus for plundering its water on the pretext of replacing the “losses suffered
    by Punjab” due to having deliberately, unauthorized and illegally sold out
    the common rivers Ravi, Bias and Sutlaj to India under the secret deal (4) To
    enlist Bahawalpur state engineers against Sindh by offering the bribe of
    Indus water for Bahawalpur State. (5) To deprive Sindh of its previous
    allocations of water. (6) To brow-beat Sindhi engineers into acquiring to
    their above high-handed anti-Sindh, unpatriotic projects.(7) To misrepresent,
    to their advantage, the facts and figures regarding the waters and
    water-supply of Pakistan.
    When the negotiation was taken up in Washington, Mr.: M.S.Qureshi,
    the member from Sindh complained to the government of Sindh regarding
    the above negative attitude. He wrote, “Provincial considerations were
    allowed to influence judgment and actions. Indus link (i.e. a link canal on
    the Indus for siphoning away its waters to Punjab to the detriment of Sindh
    rights-RBP) was at first recommended to government without even a
    mention to any of the senior members of the delegation. Mr. Hameed went
    to the extent of offering a bait to Mr. Hassan, representative of Bahawalpur
    that through such a link Bahawalpur canals at Sullemanki would receive
    Rabi supplies from the Indus. Mr. Hassan knew the position of supplies and
    as a matter of principle he refused to support him saying that he was there to
    fight the case of Pakistan and not of a particular province or state. Internal
    disputes were best left over to the future.
    “In the same manner every attempt was made to throw out Sindh’s
    uses from the western tributaries. Incorrect calculations were embodied in
    the Pakistan plan to the effect that not only the allocations of the new
    barrages on the Indus would be met in April, May but that there would be
    surplus left over for development. Both Mr. Hassan and my self disagreed
    and Mr. Tiptons calculations supported our conclusion that in actuality in
    most of the years there would be shortages...
    “Mr. Hameed regarded Pakistan’s waters as though they were his
    personal property. At first his secretary Mr. Khalilur Reehman who is
    supposed to be the custodian of his inner feelings, started belittling
    allocations and saying that ultimately these rights would be given up. I
    protested to Mr. Hameed against this loose talk and made it very clear that
    not a single drop of allocated supplies will be parted with.
    Later Mr. Hameed told Mr. Sarwar Jan Khan that for sake of an
    agreement he would even give up allocations and the same day he told Mr.
    Sindh – Punjab Water Dispute – 1859- 2003 46
    Hassan that he would even agree to Marhu Tunnel if Pakistan was given
    control over that strip of land. It did not bother Mr. Hameed whether this
    additional diversion of water by India did any damage to Pakistan.
    “There was thus a difference in outlook which was not very conducive
    to good team work
    “….Mr. Naseer’s pleading with General Wheeler that they could not
    afford to go back without an agreement only convinced the bank that
    Pakistan would accept anything for the sake of agreement.
    “Even this most detrimental proposal seemed most palatable to Mr.
    Hameed. His secretary (Mr.Khalilur Rehmari) and he himself agreed with
    Mr. Sarwar Jan Khan (member from N.W.F.P) on about the 1st April 1954
    that no decision could be expected from a government that was tottering.
    “Decision might as well be taken in Washington and the responsibility
    would not be that of Engineers but of someone else.”
    It was obvious to the Punjab leadership and its followers from other
    provinces/regions from the very beginning, that as long as the then prevalent
    political system following, even though crudely, the British pattern, with its
    parliamentary rule, Constitutional Assembly, the vexatious Bengali majority,
    the irksome federation and its numerous provinces etc existed, they may not
    find it too easy to reach their political and economic goals specially the goal
    of appropriating the entire waters of Pakistan for Punjab. They seem to have
    concluded that much needed to be changed in the system of governance
    before it could respond fully to their wishes. How these changes were
    effected and how these chimed in with and thoroughly facilitated the Punjab
    authorities ruthless exertions for grabbing all Pakistani waters is quite a
    dramatic and politically instructive story which is not sufficiently known to
    many people in this our blessed and blissfully unaware land of the pure.
    Judging by Pakistan’s 56 years, chequered history, quite a few of Mr.
    Jinnah’s followers and most of his successors, specially those from the
    warrior province of Punjab, never had too much liking for Mr. Jinnah or his
    Pakistan as conceived by him. Their known political instincts and mind-sets
    tended to place them rather closer t authoritarian worthies of the past, like
    Timor, Nadir Shah, Maharaja Ranjit Singh and Lawrence brothers and their
    ideals of super-strength, natural right of conquest, ruthless subjugation of
    subjects and iron rule,., than to modern, enlightened and sensitive people
    Sindh – Punjab Water Dispute – 1859- 2003 47
    like Mohd Ali Jinnah and his ideals of liberal democracy, rule of law, fair
    play, equal opportunities for all, strict, impartial and equal treatment of all
    manners of people before the law, compassionate and generous treatment of
    all kinds of minorities and other weaker and more disadvantaged sections of
    the population etc.
    Their entire efforts were concentrated upon lifting Pakistan from the
    inhibitions and uncertainties of governance in the present to the autocratic
    and ruthless latitudes of ruling in the past, where -in every whim and wish of
    the rulers would be treated as the ultimate law of the land. They zealously
    hurried on upon their journey to that golden past of their dreams. And over a
    period of time they achieved remarkable success.
    By skillful maneuvering of the socio-economic and political timemachine
    and their age-old loyal alliances and cozy ties with the mighty
    West, they landed Pakistan back in the pre-British era so that in many
    respects it descended far behind the British times.
    This rapid journey in time to the past, has much more to do with the
    radical evil turn in the prospects of resolving fairly and justly, the centuries
    old Sindh-Punjab water dispute, than many people in this country know or
    even care to know. Very few in the country know that this backward journey
    had started from the very first days of coming into existence of Pakistan.
    Mountbatten once spitefully refereed to Mr.Jinnah as “the dying
    Muslim leader”. The description was not very far from the truth, however.
    Along with his terminal disease, the hostile schemes and actions of Indian
    authorities and Mountbatten, he was plagued by the wily intrigues of his
    “loyal followers”. No nation on earth could have treated its “Father” in a
    more brazenly shameless way than the way Mohd Ali Jinnah was treated by
    some of the petty-minded, pygmies basking around him in the reflected
    glory of his gigantic personality.
    “The complex and intricate task (of setting up the new state of
    Pakistan) could only be tackled by the Quid-e-Azam. The challenge was
    beyond the limited capacities and mental horizons of the lieutenants who,
    while he lived, could only shine in his reflected glory”. (‘Government and
    Politics in Pakistan’-Mushtaq Ahmad, P.20)
    Sindh – Punjab Water Dispute – 1859- 2003 48
    The 1953-54 coups of Governor General Ghulam Mohd against Prime
    Minister Khuwaja Nazimudin and the Constitutional Assembly etc are
    commonly regarded as the first series of coups against Quaid-e-Azam’s
    Pakistan. In fact those were the third and fourth such coups. The first and
    second were against the founder of Pakistan and the father of the nation,
    Quaid-e-Azam Mohd Ali Jinnah himself and his party, when he was
    virtually “dismissed” from the leadership of Pakistan Muslim League and
    the league was high jacked by his “loyal followers.
    “The first meeting of the new Pakistan Muslim League was held in
    Karachi in February, 1948 to consider the new constitution and the Rules, an
    amendment was moved….that no Minister or other office holder in the
    Government should become an office bearer in the League, exception being
    made in the case of the Quaidi-e-Azam. The amendment was passed in spite
    of his advice against it He declined to accept the exception in his case and
    remain the President and left the meeting. Chaudhry Khaliquzzaman was
    asked to organize the League and later he was elected its first
    President.”(Voyage through History- vol: 2, by Masarrat Husain Zuberi,
    Soon after Mohd Ali Jinnah’s death the amendment was duly deleted
    and the then Prime Minister became the President of the Muslim League
    also! (Zuberi-vol :2 ibid, P.196)
    The Qauid was kept in the dark even about such crucial life and death
    state matters as the ill-fated tribal invasion of Kashmir. (See K.H. Khurshid
    “Memoirs of Jinnah” PP.59,82)
    “….The Punjab was Jinnah’s Achilles’ heel, time and again...”
    (Ayesha Jalal “The Sole Spokesman”, P.14)
    “Jinnah did not get his mandate. He left the Punjab swearing: ‘I shall
    never come to the Punjab again; it is such a hopeless place.’(Ayesha Jalal,
    ibid P.22)
    ‘He called Mamdot and Governor Mudie to Karachi in May and told
    Mamdot... “He was useless as a Prime Minister, which,” Mudie reported,
    “was only too true. He [therefore, nominated Mian Mumtaz Daultana” to
    take control of the Punjab ministry, but Daultana “refused...Jinnah was very
    angry and the meeting was adjourned…. I then asked what his advice to me
    Sindh – Punjab Water Dispute – 1859- 2003 49
    would be as a friend. He replied ‘Wash your hands of them, as Jam going to
    do’. (Stanely Wolpert “Jinnah of Pakistan” P.360-361)
    “Did not his Military Secretary, an Englishman, say that “when he left
    for Lahore he looked sixty and he returned a very old looking man of
    eighty”. After his return a queer apathy gripped him” (Zuberi-vol: 2 ibid,
    Quide Azam’s following most meaningful introspective observation
    during his 11th August 1947 speech in the Constitutional Assembly of
    Pakistan at Karachi clearly indicates that though he was always full of hope
    and determination to succeed, he had absolutely no illusions about the then
    existing state of affairs and was fully aware of the formidable obstacles,
    pitfalls and deep-going uncertainties as embodied by internal rot and
    treachery and foreign menace, around and ahead of him and Pakistan:
    “It was almost as if he was thinking aloud, when affirming that
    partition was the only solution to India’s constitutional problem, he, added,
    ‘May be that view is correct, may be it is not, that remains to be seen.”(From
    Quide Azam’s speech in the Constitutional Assembly of Pakistan at Karachi,
    on 11th August 1947, quoted in Iqbal Akhund “Memoirs of a Bystander”
    In February 1948, General Messervy the then British Commander-in
    Chief of the Pakistan Army visited Delhi at the end of his service and br
    Mountbatten and Pandit Nehru at a luncheon given by Mountbatten.
    Mountbatten says, “Prior to the P.M’s (Nehru’s) arrival.... General Messervy
    said that Jinnah had become more and more impossible and was afraid he
    was in an advanced stage of megalomania. It was generally felt in Pakistan
    (and had even been expressed by Mr. Liaquat Ali khan) that Mr. Jinnah’s
    usefulness had more than expired and that he was now an obstacle and
    positively a menace, but nobody could see any way of getting rid of
    him”.(’Mountbatten and Independent India’ -Larry Collins & Dominique
    Lapierre, P.258)
    On the last day of his life, the Government of Pakistan could not pare
    even a single ambulance in working order for the return journey of the ailing
    founder of the country from Ziarat:
    “We had hardly gone four miles (from Mauripur Airport to Governor
    General’s House) when the ambulance stopped..... there had been a
    Sindh – Punjab Water Dispute – 1859- 2003 50
    breakdown.... The driver fiddled with the engine for about twenty minutes
    and the ambulance could not start. Miss Fatima Jinnah sent the Military
    Secretary to fetch another ambulance.... It was very oppressive in the
    ambulance and the Quide-i-Azam was perspiring…...I kept on looking
    distractedly towards the town but there was no sign of an ambulance. I felt
    utterly forlorn and hopeless. After an excruciatingly prolonged interval, the
    ambulance appeared at last….. Nobody knew that the Quide-i-Azam was
    being taken in critical condition through the streets of Karachi.” (“With the
    Quide-i-Azam During his Last days” Lt. Col. Dr. Ilahi Bakhsh, ibid P.47-48)
    “Quaidi Azam fought his entire battles single handed. He suffered
    patiently and alone...” (Miss. Fatima Jinnah preface to Lt. Col. Elahi
    Bakhsh’s “Quid-e- Azam during his last days” P.3 2)
    He died an utterly abandoned, betrayed and broken hearted man in
    pitiable and mysterious circumstances.
    Soon most of the Pakistan Muslim League stalwarts received their
    Almost the entire working committee of the Pakistan Muslim League
    was ‘rewarded for their services to the nation’ and got rid off, with
    Ambassadorships and governorships. (Zuberi, ibid, P 197)….
    “After the assassination of Liaqat Au Khan (in 1951) the effective and
    operational power in Pakistan passed to the higher echelons of civil and
    military beaurocracies.” (“Pakistan the Unstable state”-Hassan Gardezi and
    Jarnil Rashid, P.102)
    These events culminated in the state governance further descending
    into an abysmal pit of medieval intrigue, and plain criminality.
    Lawlessness, despotism and tyranny became the order of the day, ever
    since these early days of the state of Pakistan.
    This was exactly the ideal negative Socio-Political and legal-ethical
    environment required for the commission, with absolute immunity, of all
    kinds of acts of brigandage and plunder, especially of the common national
    waters, by the ruling elites and self-imposed authorities of Pakistan.
    Sindh – Punjab Water Dispute – 1859- 2003 51
    All theoretical obstacles and road-blocks in the country e.g. the
    concepts of the rule of law, federalism, constitutionalism, division and
    balance of power etc in the path of neo-colonial masters and their local
    satraps were be swiftly broken down and thrown to the way side.
    Ruthlessness was to be the magic word for subjugating and keeping Jinnah’s
    Pakistan in perpetual bondage of the neo colonialists and their native
    stooges, amid the loud corus of the slogans of “Quide-Azam Zindabad”,
    “Pakistan Zindabad”, “Islam Zindabad”. Things started moving, historically
    speaking, at a supersonic speed.
    Governor General Ghulam Mohd dismissed the elected Bengali Prime
    Minister Nazimuddin on 17.4.1953. Again the United Front government of
    Fazalul Haque in East Pakistan which swept into power with an over
    whelming majority in the February 1954 elections was dismissed only 2
    months after taking office, placing the province under General Iskandar
    Mirza’s Governor’s rule. After five months, on 24.10.1954, Governor
    General Ghulam Mohd dissolved the Constitutional Assembly, in a truly
    James Bond setting:
    “……The coterie.. .(Secretary General Chaudhry Mohd All, Governor
    General Ghulam Mohd, Defense Secretary Iskandar Mirza and C-in-C,
    Army, Ayub Khan—RBP) could be termed the “gang of four.”(Zuberi, ibid,
    The (Bengali) Prime Minister Mohd Ali Bogra, Ayub Khan and
    Iskandar Mirza were urgently summoned from USA and Britian.
    “The Military Secretary met the V.I.P. arrivals at the airport and the
    Prime Minister, accompanied by the two Generals, was whisked straight to
    the Governor General’s House... Governor General roundly abused the
    Prime Minister and asked the two General’s to take him away. Lahore
    dungeon with muscled jailors, torturing him with their jibes and mocking
    smiles, crossed his mind.... After a long huddle between the two Generals
    and the Governor-General, the Prime Minister was informed that the arrant
    Constituent Assembly was being dissolved…… He would remain Prime
    Minister.”(Zuberi, ibid, P.223-224)
    The act was ratified by the Federal Court of Pakistan headed by Mr.
    Justice Munir.
    Sindh – Punjab Water Dispute – 1859- 2003 52
    “Chief Justice Munir himself admitted ‘the mental anguish caused to
    the Judges by these cases was beyond description and no-where else in the
    world had the Judges to pass through what may be described as judicial
    torture.”(Justice Munir’s speech in the Lahore high Court Bar Association
    April22, 1960 quoted by Mushtaq Ahmed in his “Government and Politics
    in Pakistan” P.33)
    “Thus ended with a bang….the Parliamentary System.”(Zuberi, II,
    “As M.J. Akbar says in his book “India: The Siege Within, “…. It was
    open house for schemers.. .After the coup from above, policies (in Pakistan-
    R.B.P) degenerated into scramble for power in which the winner was to be
    backed.” (Burhanuddin Ahmed: “The generals of Pakistan and Bangladesh”
    Thus the way was cleared for destroying the federal foundation of
    Quide-Azam’s Pakistan and for transforming the homelands of Pashtoons,
    Sindhis and Balochis which had agreed to constitute Pakistan as a group of
    independent and sovereign fraternal states as envisaged by the 1940
    resolution and subsequently allowed themselves to be persuaded to join and
    constitute Pakistan as a single fraternal federation of equal partners, into
    captive pieces of conquered territory, their resources, chiefly water, land and
    jobs being ear-marked for loot and plunder as a “war booty”. One-unit was
    to he imposed.
    “Doultana had prepared his “Document” (for eliminating provincial
    autonomy) in September 1954. General Mohd Ayub Khan had on 4th
    October 1954 sent his detailed proposals…….. There was not much time left
    to loose.” (Zuberi vol: II P.222-223)
    “Speed, if possible, supersonic speed, was needed.” cried Mohd Ali
    Bogra, the, puppet Prime Minister. For the Punjab leaders turned historians,
    all history began with the advent of Sikh State in Punjab.
    “The Provinces in West Pakistan were of recent 20th century creation-
    N.W.F.P. was separated from Punjab in 1901 only, Sindh became a separate
    province only in 1937 as a result of the Muslim demand of common
    nationhood and in any case would have become part of the Punjab had its
    conquest by the British not preceded final defeat of the Sikhs Administrative
    boundaries depending on timing of alien conquest had no sanctity and the
    Sindh – Punjab Water Dispute – 1859- 2003 53
    Provinces as constituted in 1947, had no linguistic or ethnic unity.” of
    Punjab leader Nawab Mushtaq Ahmed Gurmani, in the Constituent
    Assembly of Pakistan [Vol.1, Part 1 of 1955 (pp.784- 809) quoted in
    “Voyage through History”- Masarrat Husain Zuberi, Vol: 1, P.240].
    “Barring the Punjab Muslims, over whom ruled Ranjit Singh and his
    European Generals, like Avitabile, the Italian General at Peshawar (who
    used to hang six Pathans outside his porch before breakfast and before
    receiving any visitors) if the British had not come, Ranjit’s five European
    Generals, with their armies trained under them, would have conquered
    Kabul as well as Sindh and Baluchistan. The arrival of the British saved the
    Muslims of north-western India.” (“From Memory”, by Firoz Khan Noon, P:
    “There is no justification either politically or administratively for
    maintaining the existing Provincial divisions in West Pakistan. They are not
    warranted by geographic, ethnic, cultural or economic consideration…. both
    West and East Pakistan are placed on a footing of equality promoting a
    feeling of partnership. These two units will then go forward in an honorable,
    mutual, beneficial, complimentary and enduring partnership, thus advancing
    the prosperity of the country as a one whole”, declared Mohd Ali Bogra.
    (Zuberi, Vol. II, P.242-243)
    A reign of terror was let loose on members of the Assemblies of the
    provinces marked for elimination.
    One-unit was imposed on 15.10.1955. The first thing that needed to be
    done was to ensure unhindered criminal manipulation and misappropriation
    of the entire water of the Indus River System “The team negotiating with
    India and World Bank regarding these waters which included representatives
    of Sindh and N.W.F.P. was disbanded and a fresh negotiating team
    constituted. All…..members from smaller provinces were dropped and
    following members, all, without exception, from Punjab, included:- Mr. G.
    Mueenudin, K.B.M. Abdul Hameed-C.E Punjab, Mr. Khalil-ur-Rehman, Mr.
    S. Kirmani, Mr. S. I. Mehboob, Mr. S.M. Niaz, Mr. Altaf Hussan”.
    (“Kalabagh Dam”, by Abrar Kazi,P: 29-32).
    It may be pointed out that there was no dearth of senior and competent
    engineers in Sindh, Frontier, Balochistan or Bahawalpur to present the case
    of Pakistan. Among them was Sindhi senior Engineer Mr. A.R.Kazi S.Q.A
    Sindh – Punjab Water Dispute – 1859- 2003 54
    former Chief Engineering Advisor to the government of Pakistan who was at
    that very time serving as Chief Engineer (water) WAPDA. But he was not
    taken on the Pakistan negotiating team.
    On 8th October 1958 President Iskandar Mirza imposed Martial law
    in league with General Ayub Khan and provincial Cabinets and Central
    Cabinet were dismissed. After about two weeks, “on the night of 27/28
    October, Ayub Khan sent three Generals — Burki, Azam and Shaikh to the
    President to ask him to resign…. Mirza first resisted. But General Azam
    pulled out his pistol, upon which he signed the letter of resignation...” (Lt.
    General Jahan Dad Khan “Pakistan Leadership challenges” P.38). Ayub
    Khan appointed himself the President of Pakistan.
    “The new regime won the approval of the West although it was the
    abnegation of the values of the free world. As Charles Burton Marshall
    observed, the debacle was presented “in terms of accomplishment, as if
    some thing fine and constructive had taken place when the political
    institutions were overturned and thrown aside...” (“Generals of Pakistan &
    Bangladesh”, Borhanuddin Ahrned, P.10)
    At this stage one is tempted to ask “How come that, unlike their
    Hindu compatriots, the Muslims of India, specially those of the Muslim
    majority provinces, instead of going forward after achieving freedom from
    foreign yoke, and winning social, cultural, political and economic progress
    in the world through unity, fair play, democracy, up-lifting the masses,
    releasing their vast un-tapped energies and through nation building in all
    fields, reverted to the blatantly. reactionary, exploitive and oppressive ways
    of governance typical of the darkest periods of their medieval history?” The
    answer is to be found in both the old and recent past of the history of the
    Muslims of India.
    (1) The vast majority of the Muslim masse in these areas were living
    since centuries under the out-molded, reactionary, anti-people and
    oppressive tribal, feudal and imperial systems in a state of abject
    poverty, illiteracy, superstition and rightlessness.
    (2) The British were mortally afraid of the of the masses of the
    Muslim world in view of the past history of Arab conquests, six
    crusades, Ottoman
    Sindh – Punjab Water Dispute – 1859- 2003 55
    Empire in eastern Europe, European conquests of the Muslim world
    and the fact that Muslim territories were strategically spread from the
    Atlantic to the Pacific Oceans and it was known that once they
    attained the capitalist socio-economic mode of life and production,
    they were bound seriously to threaten the Western hegemony over the
    world. Therefore the British wanted them to remain, away from
    enlightenment, political consciousness and mass power in the same
    weak, back-ward, helpless and wild state in which they were living in
    the grip of reactionary tyrannical and oppressive social forces since
    many centuries.
    “The provinces of Punjab, Frontier and Baluchistan, had also been
    isolated from the political influences of the nationalist movements as a
    matter of deliberate imperial policy due to the strategic significance of these
    areas and their value as a source of recruitment for the army.”
    Hamid Yousuf, P: 26)
    “....the limited reforms of the 19th century….were not extended to the
    Muslim majority areas of the West, the process remained the same. Till 1947
    Baluchistan was denied all the reforms of self Government introduced in
    other Provinces.”(’Voyage through History’- Masarrat Hussain Zuberi, P. 1
    “Britian’s administration of the (Muslim majority-RBP) north-west
    region of the subcontinent had been different from that in the other parts of
    McGrath, P: 6-7)
    (3) During the 700 years long Muslim rule over India, the role of
    Muslim ruling elites was mostly that of privileged parasites that lived
    mostly by the sword, monopolizing all wealth and power, without
    having to learn too many hard skills. The common Hindus had to do
    the meaner jobs and learn all kinds of skills and professions merely to
    survive. Their turn came after the advent of the British power to
    employ those skills and professions to become the favorite subjects
    and junior partners of the new rulers, whereas Muslims refused to
    awaken from the dreams of the past.
    Sindh – Punjab Water Dispute – 1859- 2003 56
    “After the unsuccessful Indian Mutiny of 1857 against the British “the
    Muslims..... could not….. find themselves willing to adapt themselves to the
    change They had been rulers and soldiers and very few of them had taken to
    trade or professions.
    As against this, the Hindus welcomed the change.. .The memory of
    700 years rule by Muslims was rankling in their heart The Hindu... has a
    remarkable capacity for adaptability. . . They learned English avidly as they
    had learnt Persian so that they easily found posts... in the new
    administrations... But the Muslims could not get over their superiority
    complex…and the English language and Western Civilization continued to
    be anathema to them. . . .they were looked down upon with contempt (by the
    British) their position had become in fact pitiable.”(’FROM JINNAH TO
    ZIA’- Muhammad Munir Chief Justice of Pakistan (retd) P: 3-4)
    “Hindus…..were the readier and more willing to take to western
    education and learning, which brought into existence “a new integrated all-
    India class with a varied back ground but a common foreground of
    knowledge, ideas and values.” From the political aspirations of this class
    was born modern Indian nationalism.”(PAKJSTAN- A Study of Political
    Developments 1947-97, Hamid Yousif, P: 2)
    “...The traumatic turn of events made them (the Muslims) look
    inwards for religious purification to meet the new challenge. The so-called
    Wahabi movements could not gather political support...” (ibid, P: 9)
    “….the opportunities made available during British rule for
    participation in government had been refused out of fear, suspicion, or pride.
    Many religious leaders felt they must remain uncontaminated by Western
    ideas for fear that the religious way of life of the people would be
    subverted…. (‘The Destruction of Pakistan’s democracy’ - Allen McGrath,
    P: 8)
    “…..(The Muslims) despised the infiltration of western influence and
    culture, including the language of the new rulers of India.”(Government and
    Politics in Pakistan’-Mushtaq Ahmad, P: 1)
    “They (Hidnus) adapted themselves more readily to the new order and
    took full advantage of the economic opportunities in the field of industry and
    administration. The result was that, generally speaking, they forged ahead of
    the Muslims who were smarting under a sense of frustration and defeat...
    Sindh – Punjab Water Dispute – 1859- 2003 57
    “The Hindus not only prospered economically but also acquired a new
    consciousness as a separate political entity....” (Ibid, P: 2)
    (5) In the next phase, when thanks to-the heroic, pioneering,
    enlightening and civilizing role of people like Sir Syed Ahmad Khan,
    Syed Ameer Ali, Hassan Ali Effandi and a few others. Muslim
    educated starta was created and the fairly well-educated politically
    active Hindu starta having gained sufficient political skills and selfconfidence,
    advanced to the stage of demanding their rights with some
    force, the British took alarm and started looking for fresh battalions of
    henchmen, a number of Muslim feudal-elites and service-men took a
    U turn from their previous aloofness and became ultra-loyalist and
    mercenary pillars of imperialist rule. They were rewarded royally and
    semi-officially established as parasitic bullies over their own poor
    people. They lived by white-collar and “gentlemanly” social,
    economic and political lawlessness and crime. Toadyism, exploitation
    and oppression became the semi-officially encouraged and socially
    tolerated and expected way of their life.
    Many a politician and official who usurped and exploited political
    power in Pakistan through lawlessness and political crimes belonged to the
    above category: -
    “...a form of government was installed in the Punjab different from
    that in Bengal. Government in the Punjab was to be by individuals rather
    than by regulations
    “What need or room for written laws, politicians and assemblies, or
    haggling lawyers? This tradition was part of the background of such British
    trained men as Ghulam Mohad, Ayub khan, Iskandar Mirza, Chaudhri Mohd
    Ali, and Mohd Munir, who were to play important roles in Pakistan in the
    years after independence. They were all from the Punjab, and all were
    former members of the civil, military, and judicial bureaucracies which
    administered the machinery of government under the British.”(’The
    Destruction of Pakistan’s Democracy’- Allen Mcgrath, P: 7)
    “Resistance to usurpers is not part of our culture nor in accordance
    with the best traditions of our society.”(’Pakistan a Dream Gone Sour’-
    Roadad Khan, P: 42)
    Sindh – Punjab Water Dispute – 1859- 2003 58
    By a notification dated: 10th June1959, the military government of
    Ayub Khan constituted a body named Indus Basin Advisory Board (IBAB)
    to evolve the best plan for meeting the water shortage caused by the sale to
    India of Ravi, Bias and Sutlaj. No representative from Sindh or any other
    region/province other than Punjab was taken on this Board. Thus the IBAB
    plans, decisions and the International negotiations based on the above plans
    and decisions were purely a Punjab affair.
    At that time the Sindh engineer mentioned earlier, Mr. A. R. Kazi,
    S.Q.A (later Chief Engineer Advisor to Government of Pakistan) who was
    the senior-most Civil Engineer serving in Pakistan was Chief Engineer
    (water) WAPDA, but was not included in the IBAB, although it was
    WAPDA which had to get the proposed works constructed.
    The core issues involved in the negotiations leading to the 1960
    Treaty were intertwined with and over-lapped the core issues of the Sindh-
    Punjab Water Dispute 1857-1960 (now 1857-2003). The treaty negotiations,
    though formally and apparently confined to the points at issue between
    Pakistan on the one hand and India and the donor countries on the other,
    provided an excellent and ideal opportunity and cover to the Punjab
    authorities, suddenly to transform themselves from being accused for a
    century of excessive appropriation of common waters, in the historical
    matter of Sindh-Punjab Indus Basin water dispute, to becoming the virtual
    sole owners and disposers of the case property viz the water resources of
    Pakistan. They forthwith set themselves up as the self appointed judges in
    their own cause. The IBAB, waving the flag of an impartial federal national
    planning body of the Islamic Republic of Pakistan, under the garb of
    “planners” for the greatest national good to the greatest number of the
    people of the whole of West Pakistan including Sindh, simply dismissed,
    without taking any notice of, Sindh’s century-old case against Punjab
    authorities by the simple, stratagem of “p1 it out of existence though a
    “national plan” for negotiation where by the entire flow waters of Jehlum
    and Chenab, stored water of Mangla Dam and the bulk of Tarbela dam on
    Indus were allotted to Punjab under one or the other pretext.
    All complaints, principles, previous decisions and arguments were
    quietly and impliedly, thrown into the dustbin of history under the
    smokescreen of national planning and international negotiations.
    Sindh – Punjab Water Dispute – 1859- 2003 59
    “ One Unit Administration had come into being from October 14,
    1955, the Punjab found it expedient to push through its own proposals for
    the full development of the Punjab through the proposed system of works
    (exclusively in Punjab-RBP) required under the Treaty, and this it proceeded
    to do, by making the IBAB co-ordinate all planning within the country on
    the one hand, and provide the sole link with the Treaty Delegation and the
    Bank Consultants on the other.” (‘Indus Water Allocation-History of the
    Case’, G. K. Soomro, P.139)
    “The purpose of the IBAB proposals mainly was the obtaining of the
    maximum amount of funds for enabling as big a system of works to be
    constructed (in Punjab-RBP) as possible. In this objective they succeeded by
    getting, in addition to the fixed contribution of India of $175 million, a free
    grant of $ 175 million from the Consortium Countries, and a loan of $ 150
    million. The Supplemental Agreement of April 1964 got Pakistan an
    additional $ 315 million in foreign exchange for the Projects.
    “The IBAB succeeded in doing, on the home front, what all previous
    Governments in the Punjab could not do, simply by the device of providing
    the construction of Storages and Links (in Punjab only), completely unconnected
    with the strict function of replacement, a situation which could
    never have materialized, had the Sindh Government been in existence, or
    had the interest of the peasantry of Sindh been kept in view. This became
    possible for them by keeping Sindh’s representation out of IBAB, and by not
    having any protest from any quarter interested in Sindh. The Irrigation
    Department of West Pakistan was also headed, at that time, by an officer
    from the Punjab (Mr. Mahbub). To prevent any individual from raising any
    issue, strict secret instructions were issued to all to keep silent about all the
    decisions.” (ibid, P.140)
    It may be emphasized once again that the order of the government of
    Pakistan constituting such a Board without any representative of Sindh,
    along with all the proposals and plans and all decisions made and
    agreements signed by this Board adversely affecting the rights and interests
    of Sindh were under the circumstances to that extent, violative of the binding
    principles of natural justice, illegal, of no legal effect and void from the very
    In order properly to under stand the callousness, chicanery and high
    handedness employed by vested interests against the smaller provinces
    Sindh – Punjab Water Dispute – 1859- 2003 60
    specially the people of Sindh in the matter of fair allocation of water
    resources, it will be helpful to bear in mind the following facts and
    (1) Being unrepresented in the 1948 Indo-Pak ostensible negotiations,
    much less, in the surreptitious and secret Jullander deal, between West
    and East Punjab authorities, regarding waters of Pakistan viz those of
    the Indus River System, the smaller provinces were not and are not
    morally, politically or legally bound by the decisions in the above
    dealings behind their back and to their disadvantage.
    (2) These provinces, including Sindh, could not and cannot be held
    responsible for the losses deliberately incurred by the province which
    sold such common rivers behind the back of the other co-sharers.
    (3) The said provinces including Sindh cannot be morally or legally
    punished and burdened with any compensation to the affected Punjab
    canals for any losses caused by the authorities of that province by
    their unilateral, conspiratorial and malafide wrong doing.
    (4) On the other hand, the water losses suffered by Pakistan were not
    confined to one province viz Punjab. Other provinces, chiefly Sindh,
    also suffered considerable water-loss due to the illegal sale of the
    three-tributary Rivers of the system. The authorities of Punjab were
    and are morally and legally bound to compensate adequately the
    deprived province, Sindh, to the extent of its actual loss of supply of
    1.92 MAF in Rabi and 29.36 MAF in Kharif which it received at
    Panjnad. This is the average of the 10 years prior to partition i.e.
    1936-37 to 1945-46 from the illegally sold rivers.
    (5) The compensation obtained from India and the loans obtained
    from the World Bank and from Canada, Germany, Australia etc were
    obtained for and were payable by, not only Punjab region/Province
    but for the entire West Pakistan including Sindh, N.W.F.P and
    Balochistan regions/Provinces and were payable by all of them plus
    East Pakistan.
    Under annexure D to the “Indus Basin Development Fund
    Agreement” 1960 prepared and got approved by IBAB itself, the “System of
    Sindh – Punjab Water Dispute – 1859- 2003 61
    works to be constructed by Pakistan” was for entire West Pakistan and not
    for Punjab alone and it had to,
    (b) Provide substantial additional irrigation in West Pakistan.
    (d) Make an important contribution to soil reclamation and
    drainage in West Pakistan by lowering down water levels in
    water-logged and saline areas.
    (e) Afford a measure of flood protection in West Pakistan.”
    Hence these funds were required to be spent and works to be
    constructed in other regions / provinces as per their entitlement
    as co-riparian and not just in the one region / province, Punjab.
    (6) Punjab has/had lots of under ground water, “The total ground
    water being used only in tube-wells in the Punjab was, in 1971, many
    times more than the combined total capacity of Mangla and Tarbela
    Dams.”(Abdul Wahab-”Sindh Water Case” P.47). Its average annual
    rain water quantity is the highest in the former West Pakistan / present
    Pakistan. In Sindh both these sources of water supply are negligible.
    (7) That fairness, justice and equity demanded that the term “waters of
    Pakistan” should be held to include (a) flowing (b) storage (c) under
    ground and (d) rain waters in the country and its provinces.
    (8) In view of the agreement of Punjab authorities for their selfserving
    purposes, in 1948, to pay seignior age charges to India for the
    waters used by Pakistan after partition, thus recognizing the right of
    India to cut off waters from the date of partition, the Indus water
    Treaty 1960 gave the right to India to the three Eastern Rivers from
    the date of partition, and not the date of signing the Treaty.
    (9) Any level of uses higher than the one enjoyed up to the 15th of
    August, which may have been developed subsequently, after the
    partition of the Sub-Continent, could not be the level for the purpose
    of replacement under Article IV (I) of the Treaty. Thus what were lost
    by Pakistan were the water supplies that this country was getting from
    the Eastern Rivers up to the 15th of August, 1947 and the level of uses
    which these particular canals had attained by 15.8.1947.
    Sindh – Punjab Water Dispute – 1859- 2003 62
    (10) While deciding the quantum of replacement supplies, it had to
    be determined as to what was the dependable availability in the
    Eastern Rivers flowing down to Pakistan on the cut off date. This
    availability had to be determined on the normal basis viz 3 to 4 year
    basis. Thus when it was claimed by Punjab authorities that supplies of
    24 MAF were coming to Pakistan on the relevant date, the dependable
    supplies on the 3 to 4 years basis came down to 17 MAF. Again there
    may be a quantum of dependable availability, which may not be fully
    utilizable due to a variety of reasons. Hence quantum of actual losses
    had to be calculated as per the quantum of actual utilizability out of
    the total quantum of dependable availability.
    (11) This level of utilizable supplies determined the top level
    exceeding which would have meant exceeding the rational and
    equitable boundaries of proper “replacement”.
    (12) It would have been found that the justly due replacement
    supplies so far as the affected Punjab canals were concerned, were
    3.12 MAF during Rabi and 10.67 MAF during Kharif. Against this
    quantum of replacement supplies, Punjab was demanding replacement
    supplies of the order of 21.12 MAF and even more at the cost of
    N.W.F.P, Sindh, Baluchistan and East Pakistan. Thus without
    spending anything Punjab was demanding development at the cost of
    other provinces of Pakistan. (‘Wahab Shaikh’-Sindh Case, P.88)
    (13) When Punjab authorities talked about replacement supplies, it
    should have been understood that their demand over and above the
    real replacement demand was for development of Punjab and not for
    replacement supplies to the old canals. It was therefore necessary that
    a line of demarcation was drawn between the replacement component
    and the development component as available from the total system of
    (14) If Punjab had to develop water potential, it had to spend huge
    sums of money and that would have been borne by the Punjab and not
    by the other provinces of Pakistan for the Punjab. Therefore the real
    question of true replacement supplies had to be determined, keeping
    in view all the above aspects.(ibid, P.89)
    (15) Since all the provinces of Pakistan had to bear the burden of
    replacement supplies, it was necessary that limits of replacement were
    Sindh – Punjab Water Dispute – 1859- 2003 63
    not exceeded and Punjab should not have got more water for its own
    development at the cost of others on the plea of replacement supplies.
    (16) The development supplies made available by carrying out of
    works under system of works had to be equitably shared between all
    canals in West Pakistan keeping in view the availability of ground
    water. (P.93)
    It is the contention and the case of the people of Sindh that having set
    themselves up as the sole owners, dealers and distributors of the waters of
    Pakistan, the Punjab authorities, through IBAB, in violation of even the
    biased terms of the appointment of the Board, purported to apportion these
    waters according to their sweet will:
    (1) For this Board, Pakistan was the other name of Punjab. While
    talking about Pakistan, it generally meant only the province of Punjab.
    (2) It paraded Punjab authorities avaricious and never ending demands
    for more and more water at the cost of other riparians specially Sindh,
    as “the essential needs of Pakistan” in the working paper it prepared
    for Ayub Khan, the then President of Pakistan on the eve of the World
    Bank Mission’s visit to Pakistan in May 1959. This paper was
    included in the Pakistan Government Report on the negotiations with
    the World Bank Group on 16th to 18th May 1959. Specifying
    “Pakistan’s essential needs” the Board said “Pakistan’s essential needs
    are increased uses of the linked canals (of Punjab R.B.P)”(Para 4(b) P:
    15 of the Report). “On the Tributary Rivers (of Punjab-R.B.P) alone
    23 MAF is required for the eventual control of salinity and that
    immediate requirement is 3.5 MAF.”
    (3) It practiced jugglery with facts and figures .and invented its own
    concepts and terminology e.g. Zoning, Indus Basin Settlement Plan
    and Indus Basin Project etc to serve its partisan objects.
    (4) It did the planning in such a way that in the case of Punjab instead
    of using the allocations for the developed projects, it adopted their
    increased developed uses up to 1956, where as in the case of Sindh
    projects, the proposed Provision was made less than what was already
    allocated to them under the Sindh Punjab draft agreement1945 which
    Sindh – Punjab Water Dispute – 1859- 2003 64
    had been followed in practice long years after Punjab refused to ratify
    (5) The planned system of works had a lot of development
    components. These substantial additional supplies were reserved for
    the Punjab canals for reclamation requirements over and above their
    developed uses, leaving nothing for the other provinces including
    Sindh where the salinity problem and reclamation requirements are
    more serious.
    (6) Whereas no reclamation supplies were provided for Sindh canals.
    As much as 5.5 MAF additional water, which is more than Mangla
    Dam capacity, was provided only for the Punjab canals.
    (7) The canal uses as conceived by the Board were much higher than
    their allocations even in the case of developing projects. On the other
    hand, the concept of IBAB uses, so far Sindh canals were concerned,
    was even less than their historic rights i.e. allocations.
    (8) The un-usable flood flows of Chenab and Jehlum were added to
    the Indus flows, there by creating artificial shortage in the Tributary
    zone and justifying the transfer of Trimmu, Punjab and Islam to the
    Commenting on the high-handed, insatiable and limitless demands of
    Punjab authorities over the common waters, Sindh’s representative before
    the Fazal Akbar Indus Water Committee, Mr:A. W. Shaikh said 32 years ago
    in 1971:-
    “The demand of water by the Punjab has no limit. It is not the
    allocations or the existing higher uses for which the Punjab is demanding
    water but they also demand that further development component should also
    be added. If such demands are accepted then the level of uses of the Punjab
    Canals will become almost double the previous allocations and hardly
    anything will be left from the existing flow waters, storages or future
    storages to pass down to Sindh as these Punjab requirements will first have
    to be met.
    Sindh – Punjab Water Dispute – 1859- 2003 65
    If all that water goes to the Punjab canals, the ruination of Sindh
    Agriculture is certain. The signs of increase in the salinity already started
    showing up in Sind due to shortage of canal water.”(”Presentation of Sindh
    Case Before The Indus Water Committee” P: 10).
    After unilaterally selling away 3 out of its 5 rivers, Punjab authorities
    still had Chenab and Jehium, plus abundant rain water as well as ground
    water, the quantum of which is under stood to be far in excess of the
    combined total water of Mangla and Tarbela dams. During the Indus treaty
    negotiations, Punjab authorities demanded further water works as part of
    replacement supplies, through foreign aid, at the cost of all the provinces of
    Pakistan including East Pakistan The World Bank, which had to arrange the
    loan, at last agreed.
    “The Bank has provided two storages, Mangla 4.75 MAF and Rohtas
    2.1 MAE They claim that these two storages apart from complete
    replacement will provide at least 2.0 MAF for reclamation and
    development...” (Report on the negotiations with the World Bank, P.17, Para
    Thus the authorities of Punjab, the upper riparian, managed
    thoroughly to exploit their unique, although illegal position, as the sole
    representatives of Pakistan, to the exclusion of the other affected provinces,
    to do whatever they - liked to the detriment of their century-long co-sharers
    and adversaries in the over-a-century long water-dispute. They were going to
    get not only more than required replacement supplies in the shape of flow
    water of Jehlum and Chenab and stored water of M dam but further very
    substantial development supply in the shape of Rohtas dam.
    But they were not satisfied with mere replacement. On the pretext of
    having been forcibly deprived of 3 of their rivers and consequently being in
    dire need of replacement supplies, they wanted to capture the mighty Indus,
    stage by stage and to steal and plunder the last drop of its waters, even if it
    resulted in turning the lower and weakest lower riparian virtually into a
    desert. So they demanded Tarbela dam on Indus.
    “Tarbela should be included in the plan even if it means excluding
    Rohtas for the present Rohtas is an easy storage to build and Pakistan can
    take it in hand later….(ibid Para 17 Expecting resistance from the donors for
    such an extravagant demand, Ayub Khan suggested, that, even if the World
    Sindh – Punjab Water Dispute – 1859- 2003 66
    Bank and other donor countries do not agree to give aid for construction of
    Tarbela on Indus at that time, Tarbela should be kept on the demand list for
    construction at some later time.
    “...the President told the Bank that if it does not agree with Tarbela,
    the Bank should at least take note of it and recognize the necessity of
    Tarbela being built at an early stage.” (Mr. Wahab, ibid, P.6 1)
    It was the policy of the Pakistan side regarding the negotiations with
    World Bank, India and other international donor countries, that in the
    process of international negotiations, the opportunity for getting maximum
    benefits for Pakistan in the form of maximum amount of foreign aid and
    maximum number of replacement and development works, should not be
    lost merely because no immediate internal agreement was in existence or
    easily achievable, as to which works for which precise purpose should be
    constructed where:
    It was given to understand that it was immaterial what precise reasons
    and particulars were given in justification for obtaining foreign aid for a
    particular project, so long as these yielded maximum amount of such aid for
    constructing maximum projects, for not only replacement purposes but also
    for development purposes. The idea was that not only the actual losses due
    to sale of 3 rivers should be covered but irrigation water should be made
    available for cultivating new lands in West Pakistan.
    Consequently as guaranteed by the central government, through the
    Secretary of Industries, Government of Pakistan D.O letter NO Secy (md)
    8735/54 dated 6th Nov 1954, addressed to all Provincial Governments,
    extract given below, all plans and schemes prepared and positions taken by
    the central government in connection with the negotiations with India and
    other foreign powers were to be, so to say, for foreign consumption, without
    prejudice and not to be binding, as between the co-sharer parties, in the
    Indus Basin viz Sindh, Punjab etc:
    “To facilitate the negotiations on the Indus Basin Water Dispute and
    position as among various units of West Pakistan, I would like to confirm
    that all material supplied to the Central Govt. by the various units and all
    arguments advanced, material prepared or positions taken by the Central
    Govt. in it’s negotiations with India are completely without prejudice as to
    the legal rights of any of the units. It is essential in the national interest to
    Sindh – Punjab Water Dispute – 1859- 2003 67
    present a unified point of view for Pakistan as a whole. Any point of dispute
    between the Units in Pakistan will be resolved in a fair and equitable manner
    if necessary by the appointment of an impartial commission by the Central
    This solemn legal guarantee was repeated and reiterated from time to
    time by the highest authorities of the country.
    “…. It would be pertinent to mention that a presentation on the
    Zoning Concept was made by the Sindh Representative in the proceedings of
    the Commission for Apportionment of Indus Waters during its session held
    from 20th to 30th April 1980, and the Chairman of the Commission, Justice
    Anwar ul-Haq was pleased to remark:
    ‘Whatever may have been adopted in negotiations with India, it is
    quite obvious that it is not to prejudice the rights of the provinces. That
    would be my understanding of the whole thing. For negotiations with India
    you can take various positions.’ (Abrar Qazi “Kala Bagh Dam” P: 72-73)
    “...the fact is that we were given assurance that whatever is being put
    in the Plan is for external consumption and that we need not worry. This
    assurance was again repeated and discussed in the West Pakistan
    Government Cabinet meeting held on 13. 11. 55 of which the copy of the
    Minutes has not so far been supplied to us in spite of our best efforts. The
    fact remains that we were always told that Tarbela Dam is for Sindh.
    (Wahab Shaikh-’Sindh Case’ P.17)
    Hence the terminology and conceptual frame-work unilaterally
    adopted by Punjab engineers in IBAB and elsewhere, during international
    negotiations e.g. the terms zoning system, Indus Basin Settlement Plan,
    Indus Basin Project etc were not legally binding for a number of reasons and
    could not be imposed upon Sindh to its detriment.
    Once decision was taken to get massive structures constructed through
    foreign help and assistance, Pakistan had to justify the construction of huge
    dams like Tarbela Dam on Indus. If any replacement burden was shown to
    be put on Indus in the IBAB plan and consequently in other papers, it was
    purely for justifying the construction of Tarbela Dam and not for legally and
    practically binding Sindh to aquise in Indus’s actually shouldering the unjust
    Sindh – Punjab Water Dispute – 1859- 2003 68
    Mangla was to be the replacement dam for the canals affected by the
    sold three rivers, not any other.
    In the 1960 Indus Water Treaty it was stipulated that the construction
    of the works for replacement supplies would be completed by Pakistan
    expeditiously. If within a transition period of up to 31St March 1970, the
    same were not completed, Pakistan would have had to obtain extension of 3
    years more for the completion of the same on the payment of a specified
    sum. Pakistan however completed all the works for replacement supplies
    including Mangla dam 2 years before the specified time limit.
    Hence it did not ask for any extension, permitted by the Treaty for any
    non-completion of the replacement part of the System of Works, clearly
    establishing that all replacement in the Tributary Zone could now be met
    without Tarbela.
    Hence Engineer Mr. Kirmani’s observations, at page 14 in I.B.P 265,
    which was published on the completion of Mangla Darn by the end of 1968:
    “Thus by March 1968, two years ahead of the deadline specified in
    the Treaty, replacement works east of Jehium costing 1107 million dollars,
    were completed enabling Pakistan to stand on its own, without the fear of
    any action by India on the Eastern Rivers.” (P.113-114)
    When the former Prime Minister of Pakistan Mr. Firoze Khan Noon
    visited the site of the Mangla Dam when this replacement work was still in
    progress, he glad that “with this replacement, Pakistan is going ahead in
    securing herself more independence”, but he was sad that it was not a
    development dam but merely a replacement dam i.e., a dam for making good
    the loss of three rivers by feeding the affected canals including Trimu, Islam
    and Panjnad. He observed “the sad part today is when one visits the site of
    Mangla dam and sees this mighty engineering feat in progress, when one has
    to remind him self that all the money is being spent not on the development
    but merely on replacement. (Sir Feroze Khan Noon “From Memory” P.264)
    Thus Mangla being a replacement dam was constructed at top priority.
    It was not a development dam and irrigating new lands was basically not its
    job. Its main job was to feed canals including Islam, Trimu and Panjnad
    previously fed by the three illegally sold rivers. When the construction of all
    Sindh – Punjab Water Dispute – 1859- 2003 69
    the replacement works including Mangla replacement dam were completed
    around 1968, the Tarbela dam was non-existent. It was not a dam meant for
    top priority construction like replacement works, which had to be completed
    within the stipulated transitional period as required by the Treaty, as stated
    This reflected the fact that there was no hurry for another dam, other
    than Mangla, as what were urgently needed were the replacement supplies
    for the effected canals which were to be provided in full by flow waters of
    Chenab and Jehium plus a portion only of the stored water from the Mangla
    As stated earlier, Panjab authorities, through their subservient central
    government, invoking national interests and sentiments of patriotism, called
    upon all concerned parties including Sindh, not to be unduly, perturbed if
    any argument, arrangement, plan, project or other bargaining tactic or
    strategy which was formulated and presented during the negotiations with
    foreign authorities, appeared to conflict with their specific positions and
    interests. It was a national necessity they declared in effect, to prepare and
    present for foreign consumption only, of course, apparently appropriate and
    convincing details, particulars and arguments to the international donor
    community, in order to provide to them necessary justification for getting
    maximum possible foreign aid sanctioned for Pakistan. They planned all
    kinds of projects for providing replacement supplies, specifying all kinds of
    supply burdens from here and there, making them appear logical, rational,
    fully justified by ground realities and what not and as absolutely
    indispensable for the progress and prosperity, nay, the very existence of the
    whole of Pakistan.
    As evidenced by the government of Pakistan letter No:Secy (md)
    8735/54 dt: 6.11.1954 referred to above, all this was supposed to be meant
    for foreign consumption only, without any prejudice to and not binding any
    of the affected parties including Sindh. But as soon as the negotiations were
    over and the foreigners went home, the Punjab authorities and their
    subservient central government mouth- pieces, staged a 180 degrees turn,
    and declared that every word of all their plans, positions, pronouncements,
    classifications and schemes which originally were solemnly declared to be
    only for foreign consumption, were now, after the completion of the Punjab
    versus the foreign countries and institutions negotiations to the total
    Sindh – Punjab Water Dispute – 1859- 2003 70
    advantage of Punjab and total disadvantage of other provinces specially that
    of Sindh, to be binding on all concerned, including Sindh.
    One item of their pride of “impartial national planning” performance
    was the creation of two illogical and artificial water zones in Pakistan, the
    Indus zone and the tributary zone separated by the Chinese wall of opposite
    and contradictory functions. The functions the Indus zone was assigned were
    to get not even a single drop of its share from the common waters in the
    other zone but give away every thing it had to the other zone even, if
    necessary, at the cost of starving the, big family of its own canals solely
    dependent upon its life-giving waters for the very lives of the crores of
    people of the concerned areas. On the contrary, the functions assigned to the
    other, the so-called tributary zone was not only not to part with a single drop
    of the so-called Indus zone’s share of common waters within it but to obtain
    the bulk of waters from the other zone through leech-like robber canals
    including Chashma-Jahlum and Tarbela-Panjnad link canals. So one socalled
    zone was to be a solely giver zone and the other was to be solely the
    taker zone. Sindh was placed in the solely giver zone and the Panjab in the
    solely taker zone.
    The stand of the Sindhi people is that the ex-parte proceedings of
    negotiations regarding the artificially created Pak-India water dispute in
    furtherance of the Jullunder conspiracy between the representatives of both
    the post- Partition parts of the former undivided Punjab, the subsequent
    appointment of IBAB and all its plans, schemes and final decisions
    adversely affecting the fundamental legal and constitutional rights and
    interests of the lower riparian Sindh, were and are ex-parte, illegal, in utter
    violation of the universally recognized natural rights, without jurisdiction, of
    no legal effect and void abinitio.
    This totally arbitrary, malafide, self-serving, transparently fraudulent
    zone system which, incidentally, is not mentioned in any of the three
    international documents concerning the 1960 Industrial Treaty, imposed exparte
    and maliciously by IBAB to defraud Sindh of its vital rights and
    interests, is totally unacceptable, illegal, of no legal effect as against the
    historic life and death interests of the people of Sindh.
    It has been regretfully observed by the people of the smaller and
    weaker provinces, that since, in view of the undeclared but practical unitary
    instead of federal, form of government in Operation in Pakistan from the
    very beginning, any ruler from provinces other than the Panjab, like Liaqat
    Sindh – Punjab Water Dispute – 1859- 2003 71
    Au Khan, Hussain Shaheed Suhrwardi, Iskandar Mirza, Ayub Khan, Yahya
    Khan, Zulfiqar Au Bhutto etc, publicly paraded on the national and
    international stage as iron men, dictators, great leaders, Generals and field
    Martials and what not, could remain in power and some times even alive,
    only while they slavishly served the anti-democratic, anti-people anti
    national and hegemonic vested interests of the Punjab elites and authorities.
    Ayub Khan was no exception. So far as slavishly serving the above
    hegemonic vested interests was concerned, he allowed himself to be led by
    the nose, there by laying down the foundation of Bangladesh debacle etc.
    He abjectly abandoned all pretense of ruling as an impartial President
    of all Pakistanis with fairness and equity and allowed himself to be lorded
    over by the Punjab authorities, not caring a hoot for the long term interests
    of justice, national unity and solidarity. He became a willing tool in the
    hands of the Punjab engineers surrounding him. He allowed Punjab
    authorities to pocket all the foreign aid billions obtained on the pretext of
    replacement and development for all of West Pakistan. He hands over
    virtually all the waters of Pakistan, to save its share of which, Sindh had
    struggled during much of the twentieth century, to the dominant province.
    He went to the adventurous extent of threatening a war with India if foreign
    aid for constructing the Tarbela dam for siphoning off and plundering the
    Indus waters in their entirety, was not furnished.
    “The sharing of the waters of the Indus system had been a matter of
    dispute for many years. Before Partition, there were water claims
    continuously in dispute between the Sindh and Punjab provinces of
    undivided India. Partition drew the border between India and Pakistan right
    across the Indus system. Pakistan became the downstream riparian and the
    headwork of two of the main irrigation canals in Pakistan were left on the
    Indian side of the border... I knew very little about the problem, so I asked
    for elucidation. The West Pakistan government sent two engineers (Both
    belonging to Punjab- RBP) who explained the case in great detail to me.
    “...The World Bank conceded our demand for the construction of a
    system of replacement works... The World Bank team, headed by its
    President, Eugene Black, offered us the Mangla Dam plus certain headwork
    and the diversionary and link canals. They also offered a dam at Rohtas near
    Sindh – Punjab Water Dispute – 1859- 2003 72
    “….before I write of the negotiations with Eugene Black, I should like
    to describe the confrontation I had with our own technical experts and
    administrators.(A1l belonging to Punjab- RI3P) I sensed that they did not
    fully realize the gravity of the situation and were asking for the moon They
    were.... trying to dictate policy and were taking up extreme positions. Some
    thirty or forty of them was assembled in Government House, Lahore.
    “….they were firmly of the view that in addition to a dam on the river
    Jehluin at Mangla, we should need a dam at Tarbela to store the surplus flow
    of the Indus River The difference in cost was of the order of about 200
    million dollars. This was a staggering figure, and I knew that when Eugene
    heard it he would hit the roof. And so he did. But I told him, and I quote the
    words as I recall using them: ‘I have been around these areas which are
    going to be affected by the withdrawal of waters by India. People have told
    me very plainly that if they have to die through thirst and hunger the would
    prefer to die in battle and they expected me to give them that chance. Our
    Jawans and the rest of the people feel the same way. So this country is on the
    point of blowing up if you don’t lend a helping hand.”(Ayub Khan “Friends
    not Masters” P. 108-110)
    It may be noted that only the “Surplus flow” of Indus was to be stored
    at Tarbela.
    Needless to reiterate that under the sub-continental, international and
    Indo-Pakistan law before sanctioning such a potentially controversial
    gigantic project like the Tarbela, the rights and interests of all the concerned
    co-sharers specially Sindh had to be taken into consideration properly in
    advance just as it was done in days of the British Raj.
    “One of the terms of reference of the Anderson Committee appointed
    in 1935, was “the possibility of finding such supplies, without detriment to
    the parties interested in the waters of the Indus and its Tributaries and the
    effect upon the existing rights of these parties, of any fresh withdrawal the
    authorization of which, the committee may recommend.”
    “The Rau Commission, specifically recognized the damage to Sindh
    Canals by the construction by the Punjab of the Dam at Bhakra on Beas and
    not only provided that two new projects in Sindh be constructed to give an
    assured supply of water to its Canals but that a portion of the cost of these
    Sindh – Punjab Water Dispute – 1859- 2003 73
    works amounting to 2 crores be borne by the Punjab for that purpose.
    (Wahab Shaikh ‘Sindh Case’, P.15)
    But for usurper generals and dictators like Ayub Khan, the country
    they succeed in getting into their clutches with its resources, becomes their
    personal Jagir and property, its population their slaves and their sweet will
    the supreme law of that unfortunate land.
    There is a lot of money for the rulers, in fact billions, in the business
    of constructing national dams etc. Every body including the present rulers,
    know that Ayub Khan did not become any poorer through such building
    activity. They, in fact, want to gain from his experience.
    “Ayub needed a guarantee against personal degradation which was
    given to him by me personally. Ayub had made a lot of money and he
    genuinely wanted time to enjoy it. No one knows better than me why Ayub
    had quit.” (Excerpt from General Yahya’s written statement before Hamood
    Rahman Inquiry Commission, quoted in “The Breaking of Pakistan” by A.
    Basit, P.120)
    As for the Panjab authorities who during the course of Pakistan’s
    chequered history of repression of the deprived sectors and weaker entities
    and peoples, usurpation of state authority and its autocratic willful, and
    reckless exercise, had learnt from experience that they were -the real masters
    of Pakistan and owners of all its resources and sources of life and livelihood,
    had no use for fair apportionment, equity and justice. After completing the
    lawless misappropriation of all the waters of all the five Punjab rivers, the
    Indus tributaries, they straight-away proceeded to loot and plunder the
    waters of the Indus the last remaining source of the life of the lower riparian
    Sindh, through the link canals ostensibly constructed for conveying only
    surplus waters of Indus to Punjab canals known in Sindh as robber canals,
    on all kinds of phony pretexts, thereby intensifying the desertification of
    Sindh which has now reached alarming proportions.
    “The perception of the people of Sindh about the modus operandi of
    WAPDA and the Government of Punjab works out as under:
    i. Allow the civil works or the canal system to be constructed
    as projects of national survival
    Sindh – Punjab Water Dispute – 1859- 2003 74
    ii. Request for surplus water for staunching, leak testing, saving
    the link from choking or whatever.
    iii. Run the surplus water for a few years to establish precedent
    and to develop water users who will then apply tremendous
    pressure to keep the water supply running.
    iv. Force the lower riparian (or don’t even ask) to accept the fait
    accomplice and keep the water supply running since the tap
    is always in the hands of the upper riparian. (Abrar Qazi,
    ‘Kala Bagh Dam’, P:80)
    As soon as the “robber” canal, the Chashma-Jehlum link canal was
    completed in 1973,
    Punjab authorities came out with their pretext for getting it opened for
    In a “summary” for the Chief Minister, Mr.A.W.Shaikh, S.K secretary
    for Irrigation and power, Government of Sindh, wrote, under the subject
    “Opening of Chashma link. During Kharif 1973”:
    “A proposal for opening Chashma-Jehium Link for the current Kharif,
    has been received under WAPDA’s NO CE/WMC-49/259 dated 18.6.1973
    (Flag A) with the objects of:
    i. Meeting the operating needs of the safety of banks against
    ii. To save the link from choking in the lower part due to wind
    blown sand and,
    iii. To monitor the seepage losses from the link at various
    discharges required to draw anti-water logging schemes
    along the link canals.
    Sindh – Punjab Water Dispute – 1859- 2003 75
    In this connection it ma.0y be pointed out that a similar request to run
    the Chashma-Jehlum Link during Kharif 1972 was received last year which
    was not accepted by the government of Sindh...
    As regards the fresh arguments nos. (I) and (ii) the same are not valid
    as the link has been constructed mostly in, cutting and whenever it is in
    embankment, it has been constructed on international standards Moreover
    the link has been fully tested for 134 days (from 26.5.71 to 6.10.71) and 83
    days (from 5.7.72 to 25.9.72) which is by no means a short duration (P: 76)
    As regards argument no. (iii) In asking for opening of the link to
    monitor the seepage losses to draw anti-water logging schemes, both the
    WAPDA and Punjab Government have asked the Central Government to
    finance this project terming it as consequential work to the Indus Basin
    Project. In case of the Taunsa-Punjnad Link, the Punjab Irrigation
    department has succeeded in creating artificial water-logging on both sides
    of the Link by running it at full capacity even when not a drop of water is
    required for transference to Punjab Canals (presently over 130,000 cusecs
    are escaping below Punjnad and yet the Taunsa-Punjnad Link running at a
    discharge of 5000 cusecs). Likewise, the Punjab Irrigation Department
    desires to flow the Chashma-Jehium Link, as without it’s flowing, it will be
    difficult for them to justify the anti-water logging project.
    It is evident that they want to open it (the C.J Link) on ad-hoc basis
    now and then continue to run it by emphasi “status quo” later on. The Sindh
    canals have already experienced great damage to the sustenance of their
    agriculture by unilateral operation of Taunsa-Punjnad Link, both in Kharif
    and Rabi, even at times of acute shortage of supplies in Indus, although this
    Link was only opened for staunching and testing purposes for meeting the
    contractual obligations purely as an ad-hoc arrangement.”
    The Secretary Irrigation Government of Sindh was apprehensive, as
    far back as 1973, that C.J link canal would, much like the T.P J canal earlier,
    be requested to be opened for technical reasons which would set a precedent.
    After a few years it will be kept permanently open as a matter of right.
    Following is the reproduction of the Interim Accord between Sindh
    and Punjab, signed on 3rd July 1973:
    Sindh – Punjab Water Dispute – 1859- 2003 76
    DURING THE 1972
    Pending a final decision by the president of Pakistan on
    apportionment of waters of the Indus System which inter alia would also
    ascertain the operational criteria of Indus links, a joint meeting of Sindh and
    Punjab Irrigation Ministers convened by Control Minister for Provincial Coordination,
    Mr. Abdul Hafees Pirzada, reached interim accord in Lahore
    Governor Punjab; Central Minister for finance; Central Minister for
    Information and Chief Minister Sindh were present.
    In the month of July, there is more water available in the Indus system
    than the requirements of its Canals. In fact there are escapades to the sea,
    both from the Indus Main and the Tributary Rivers and therefore there is no
    need to transfer Indus surplus water through the Chashma-Jehium Link.
    Nevertheless it has been decided to allow a flow of water in the
    Chashma-Jehlum Link. This meets the request of the Punjab Government
    whose object is to keep the lower section of the Link alive. It has also been
    agreed that this flow will be on a purely ad-hoc basis and will not create any
    right for subsequent flowing.
    In the event of a request made by the Chief Minister Sindh on the
    erratic behavior of the River Indus, the WAPDA shall immediately close the
    Chashma-Jehlum Link.
    July 3, 1973
    Minister for Provincial Co-ordination.
    Governor Punjab
    Sindh – Punjab Water Dispute – 1859- 2003 77
    Chief Minister Sindh.
    The points to note this Accord are:
    i. The plea of Punjab to open the C-J Link was “to keep the
    lower section of the link alive”.
    ii. It was agreed that the flow of July, 72 will be on a purely adhoc
    basis and will not create any right for subsequent
    iii. In the event of erratic behavior of river Indus, on the request
    of Chief Minister Sindh, WAPDA shall immediately close
    the C-J Link.
    But only three months after this solemn accord, by October 1973, the
    position had drastically changed and Mr.Ghulam Mustafa Khar, then
    Governor Punjab, wrote to the Governor Sindh, vide letter No.GS/B/173,
    dated Oct 16, 1973:
    “It has been stated that this link (Chashma-Jehium link canal) was a
    pipeline to operate intermittently for transfer of surplus water under certain
    conditions. I regret to point out that this is not the correct position. The link
    has been constructed for continuous operation, like all other canals, to meet
    the requirement of the Haveli canals and Lower Sutlej Valley Canals. It will
    have to be so operated on the completion of Tarbela Dam. Of course I know
    that the government of Sindh has somewhat different view on the subject. I
    am confident that these differences will be soon resolved.”(P.71)
    The Punjab authorities were at their old game of signing accords when
    needed and tearing them off, at the earliest available opportunity, when no
    longer advantageous.
    Still the permission of Sindh Government kept on being sought every
    year till 1985, an acute year of water shortage, when the total flow in the
    Indus River System was a subnormal 118 MAF. That year General Ghulam
    Jilani, Governor of Punjab and Safdar Butt, Chairman WAPDA, especially
    flew out to Chashma and got the C-J link canal opened. Since then even the
    Sindh – Punjab Water Dispute – 1859- 2003 78
    faade of asking the Chief Minister of Sindh was dropped and the T-P and
    C-J link canals continue to operate at maximum capacity, even in times of
    sever shortage in Sindh. Throughout the history of Pakistan, the policies of
    the Pakistan establishment, dominated by Punjab elites and authorities, has
    all along been to impose its peculiar hegemonic demands and decisions
    through autocratic means. Whenever it finds that it cannot get its way under
    a “normal democratic rule”, such as it is ordained by the world powers that
    be, in the neo-colonies of the third world, it resorts to draconian laws,
    mutilation and destruction of state and government institutions and
    structures such as dismissal of governments, dissolution of legislatures and
    subversion and manipulation of political, electoral, administrative and
    judicial processes, civil and military dictatorships, military actions etc.
    As per the central government assurances in the fifties, mentioned
    above, that the respective claims and interests of the provinces / units would
    not be allowed to be adversely affected by the policies and positions adopted
    by Pakistan for external consumption, during the international negotiations
    about the Indo-Pak water dispute, but would be adjudicated by special
    commissions appointed for the purpose, one Committee viz Akhtar Hussain
    Committee (in 1968) and three Commissions viz Fazal Akbar (in 1970),
    Anwarul Haque (in 1981) and Haleem (in 1983) Commissions were
    appointed for the purpose but Punjab authorities refused to budge an inch
    and continued to retain all the huge illegal, immoral gains they had obtained
    through illegal and void abinitio decisions of the central government
    including those under the cover of the undemocratic and repressive One-unit
    and Martial law regimes.
    In an attempt to close for all times, the door for any further proper and
    just adjudication of all the injustices done to Sindh in the matter of its share
    of Pakistani waters, during so many decades, they resorted to a very simple
    and crude new stratagem.
    In 1991, a PPP feudal Quizling, Jam Sadique Au, who was earlier
    involved in political murder cases, was imposed as the Chief Minister of
    Sindh through a reign of terror reminiscent of the terror resorted to for
    imposing One-unit in the fifties, and made to sign a brief paper purporting to
    decide the over-a-century long Sindh-Punjab water dispute which seven
    Indo-Pak Committees and Commissions with their voluminous
    deliberations, lengthy reports and awards had failed to resolve. It was very
    simple. All the loot and plunder from Sindh’s share of Indus System-water
    Sindh – Punjab Water Dispute – 1859- 2003 79
    during the 1859- 1991 Sindh-Punjab water dispute, were simply ignored.
    Seven more MAFs equal to about half the combined capacity (14.6 MAF) of
    both Mangla (5.3 MAF) and Tarbela (9.3 MAF) were given to Punjab over
    and above the 1945 allocations with nothing more for Sindh.
    This was the much-heralded 1991 accord. After three years a forgery
    in the minutes of a ministerial meeting reduced even that allocation of Sindh.
    This was the notorious 1994 ministerial meeting “accord”. To sum up: The
    present illegal and void abinitio position of the apportionment of Pakistani
    waters of the Indus river system is built on the illegal, foundations of the
    following illegal acts:
    1. The decision of the central Government of Pakistan in, 1947 at the
    time of the partition appointing a negotiating body solely comprising the
    officials of one only of the several Pakistani riparian of the rivers of the
    Indus System viz the then West Punjab, for settling the matter of the
    apportioning of the Indus River System waters between India and Pakistan.
    2. The 1948 illegal secret and yet to be officially disclosed, settlement
    Agreement arrived at with the Indian side at Jullander by the authorities of
    that one of the Pakistan riparian, behind the back of the others including the
    over-a-century long aggrieved riparian Sindh.
    3. The illegal, unilateral and exparte sale of the three common
    Pakistani rivers Ravi, Bias and Sutlej to India and payment of signiorage
    money to it, to make the deal fool-proof by West Punjab, behind the back of
    Sindh, apparently in pursuance of the Jullander secret deal.
    4. The undeclared boycott of the Arbitral Tribunal by both sides
    apparently in pursuance of the Jullunder agreement, facilitating the stoppage
    of water by the Indian side to the dependent Pakistani canals at the expiry of
    the interim period.
    5. The matter being manipulated by both sides as per Jullander
    agreement and artificially blown up as an International crisis.
    6. The Constitutional Assembly was dissolved, East Pakistan was
    deprived of representative government, provincial and autonomous, status of
    Sindh, N.W.F.P., Baluchistan and Bahawalpur was done away with and
    Martial Law was imposed thereby creating for all practical purposes a state
    Sindh – Punjab Water Dispute – 1859- 2003 80
    of total lawlessness, ultimately dominated by the unholy alliance of foreign
    powers and the elites and authorities of the dominating province and its
    nominee rulers for the time being, including military and civil strong men
    from provinces/regions outside Punjab.
    7. Indo negotiations for settling the artificially created dispute was
    illegally held behind the back of the lower riparian No.3, Sindh and others.
    8. Ayub Khan illegally and immorally created a planning body named
    IBAB, as the virtual sole owner and distributor of all Pakistan waters of the
    Indus river system to the exclusion of other co-riparian, co-sharers and coincluding
    9. The illegal malafide and immoral plan of the IBAB was prepared
    and illegally and immorally approved by Ayub Khan government whereby,
    by false and bogus figures the loss of water suffered by West Punjab due to
    its own authorities illegal, unilateral and conspiratorial sale of the three
    common Pakistani rivers to India was inflated and that by Sindh was
    reduced, thus illegally and wrongfully allotting Punjab almost double the
    quantum it deserved to be allotted and Sindh almost none.
    10. Billions of dollars were obtained from India, World Bank and
    other western countries on account of whole of Pakistan for the construction
    of works for the replacement of the above mentioned self-created losses and
    further development of the whole of West Pakistan but not a penny of it was
    spent on any other province/region of Pakistan except Punjab and not a
    single work or project of any kind was constructed or commenced in any
    province / region other than Punjab though every penny of the loan was to
    be paid by all the provinces / regions of Pakistan including East Pakistan and
    not by Punjab alone.
    11. That the Pakistan government by its letter mentioned above,
    expressly made a decision to have a plan (and all that goes with such plans
    viz schemes, classifications, systems, terminological and conceptual frame
    work etc) for external consumption, i.e. a plan only to satisfy the foreign
    donors that their aid was well-justified and they were granting/lending
    feasible projects for specified purposes, without binding any Pakistani
    interested parties viz riparian. But when the above purpose was served and
    the required money was assured and such agreements finalized, the Punjab
    authorities turned back and insisted that the “plan” of IBAB was to be
    Sindh – Punjab Water Dispute – 1859- 2003 81
    implemented as a legally binding document arising from and intrinsic to the
    1960 Indus Water Treaty entered into by the Punjab authorities and the
    central government behind the backs of the smaller provinces I regions. The
    Pakistan government authorities acted accordingly, thus defrauding the
    smaller provinces including Sindh of great quantities of water of their share.
    12. Sindh was all along told by the central authorities that Tarbella
    was being constructed to make-up for its water losses due to the sale of three
    common rivers and for development of lands of Sindh and that the provision
    in the so-called plan of IBAB that Tarbela would also feed Trimu, Panjnad
    and Islam canals which were formerly supplied by the illegally sold-out
    eastern rivers was merely a make-believe formality to satisfy the
    requirements of the satisfaction of the donor countries, that each work
    constructed with their money would satisfy specific basic needs of the
    recipient country.
    13. The world Bank had determined after proper evaluation of the
    situation, that all that was needed for the Punjab Canals including Trimu, Pat
    and Islam, affected by the illegal and conspiratorial sale of three common
    Pakistani rivers by Punjab authorities, besides the supply to them of the flow
    water of Chenab and Jehium, would be a portion of the waters of the darn
    specifically built for the purpose viz Mangla on Jehlum with a capacity of
    5.3 MAF which incidentally fulfilled the requirements of expeditious and
    economy demanded by the 1960 Treaty in as much as it was a 100 miles
    nearer to the affected canals than, say, the proposed Tarbela dam and hence
    was liable to suffer a far less quaritum of system losses than the other
    proposed darn viz the Tarbela which of course was not in existence at the
    relevant time i.e. the time of the expiry of the period stipulated in the Treaty
    for the completion of all works for providing replacement supplies to the
    affected canals of Punjab.
    14. Mangla dam was accordingly constructed quite some time before
    the expiry of the period given in the 1960 Treaty for the expeditious and
    economical completion of all works for providing replacement supplies
    including Mangla dam.
    15. In fact even the other dam proposed by the World Bank viz Rohtas
    d was not needed for the replacement supplies proper as it was specifically
    stated by the World Bank that these two dams would provide 2 MAF for
    development viz for irrigating new lands in the whole of Pakistan.
    Sindh – Punjab Water Dispute – 1859- 2003 82
    16. But under the pressure of Punjab authorities exerted on Ayub
    Khan and his consequent threats to the World Bank at the very last moments
    of the last meeting that if a bigger dam like Tarbela was not constructed with
    the aid of World Bank and others, Pakistan would he compelled to resort to
    war with India so as to die fighting rather then starving for lack of water, the
    World Bank, an institution known to be under the influence of U.S.A and
    intrinsically connected with its global interests, in view of the close
    American-Pakistan ties at the time felt obliged to agree.
    17.That under the circumstances involving Tarhela on Indus by
    Punjab authorities in replacement supplies for the eastern canals Trimmu,
    Panjnad and Islam on the pretext of their self-invented zoning system, in any
    manner whatsoever was absolutely unjust, improper and malafide. This
    high-handed act of virtual brigandage neither had then nor has now,
    therefore, any legal sanctity or effect.
    Inflating the figures of water availability in the Indus System has been
    the traditional favorite pastime of the Engineers of the upper riparian of the
    Indus System. They fix an imaginary figure of availability by playing
    statistical games and say “this much will be taken by us. The rest will be for
    the rest of you, the other riparian.” Most of the time, what remains for the
    rest, after they have taken their lion’s share, turns out to be merely a fraction
    of what was very generously allotted to them.
    This was done by IBAB and is being followed by WAPDA, a federal
    body in name and an extension of the Punjab Irrigation Department in
    practice. On proper investigation it would be found that the 1991 accord, the
    Kalabagh dam project and almost all projects of the Wapda are based on this
    permanent, never decreasing miraculously high availability of water in the
    Indus System, which some how vanishes, as soon as the Indus enters Sindh
    and almost dries up ruining its agriculture. Today lower Sindh stands totally
    ruined by continuous acute water-famine since many years.
    General Mushraf’s military government does not feel obliged to
    respect the law of the land regarding the respective rights of the riparian. All
    generals were and are, of course, more wise, more power full and more
    patriotic than other mortals, by definition and by virtue of their uniform.
    General Mushraf seems, however, bent upon proving that he is wiser. more
    powerful and more patriotic than his entire predecessor Generals. He is
    Sindh – Punjab Water Dispute – 1859- 2003 83
    constructing the Greater Thai Canal day and night for his generals and
    colonels. He also wants to build the Kalabagh dam, and several other dams
    and canals to prove to the people of Punjab that he can do for Punjab’s
    vested interests what Punjabi leaders like Nawaz Sharif and other popular
    leaders like Bhutto and Benazir did not wish to do or could not dare to do.
    There are, of course, the little matters, of there being no spare water in
    the Indus System for any darn building and canal constructing and there
    being a raging water-famine in the province at the tail, the Sindh province.
    Then there are a few other slightly in-convenient facts e.g. that there are
    people in the three smaller provinces in Pakistan who do not see all those
    enormous quantities of water in the Indus System which General Mushraf
    has been shown by the Wapda general-on- extension, General Zulfiqar,
    through the statistical mirages specially created by WAPDA for the purpose.
    They are coming on the streets to protest against what they regard as a
    planned genocide of crores of Pakistani citizens.
    Gengiz Khan of the Gobi desert did not like cities. He ordered the
    conquered cities to be vacated, plowed and turned into grasslands for his
    horses and the citizens to be beheaded and buried in graves dug by them.
    Hitler did not much like Russia, the Russians and Russians society as
    it existed in the forties of the last century.
    So he ordered a few changes, to be made in the Russian socio
    economic and cultural system, if and when they were conquered by the
    Germans in the Second World War. The Russians were to have no colleges
    and universities, no industries and no cities. He ordered the re-making of
    Russia once again into a primitive pastoral and agricultural society
    producing and providing food and raw materials for Germany.
    General Mushraf appears to want to change a few things about the
    geography and economy of Pakistan. He wants a beautiful desert on the
    Seacoast, on the southern side of Pakistan, in Sindh. In this Sindh desert, he
    wants the people to return to the idyllic pastoral life of their distant fore
    fathers, rear cattle and other livestock and produce healthy milk, butter and
    meat for cities. In the Thal desert, he wants to build a dream-land of an oasis
    for the generals, who, he hopes will soon become billionaire land lords of
    the famous Prussian Junker type, and will rule Pakistan for and ever and
    make it a World Power.
    Sindh – Punjab Water Dispute – 1859- 2003 84
    General Mushraf is, indeed, not an ordinary general. He is a General
    of Commandos. And a Commando general is a Commando general and
    orders are orders. He seems to believe that since he has announced his orders
    about building more dams and canals, there is nothing for the people of
    Pakistan but to obey.
    There is not to reason why,
    There is but to do and die,
    Into the valley of death;
    Rode the six hundred.
    (Alfred Lord Tennyson)
    But the matter is not so simple. If wars are too serious matters to be
    left to the discretion of Generals, fair and equitable distribution of national
    water among the provinces being a thousand times more complicated and
    sensitive matter than any war, even a war like Iraq war, cannot be settled by
    the orders of even a Commando general. For, Iraq war’s destruction will
    remain for a decade or two. Man can some how survive for some tune
    without peace but never without water. Judging by the past history, the
    locking up of Indus at Kalabagh will turn Sindh into a desert and destroy the
    lives of crores of people in Sindh and many more in NWFP. -Sindhis and
    Pashtoons will have no where to go, except to fight for their existence. This
    is going to have consequences for the whole of Pakistan which could go far
    beyond the longest possible rule of the present rulers and may prove to be
    worse than those of the East Pakistan debacle. This cancer situation has to be
    stopped from developing at all costs. Pakistan has already suffered enough
    from the adventures of Ayub Khan, Yahya Khan and Ziaul Haques. It cannot
    afford any more adventures.
    Each and every sensible man and woman, throughout Pakistan must
    so all they can to stop this.
    The era of tyranny of rulers and forcibly imposed decisions has gone
    on for too long. A new era of real democracy, genuine federalism, equality,
    fair play and consensus building is long over-due.
    The bulk of Sindh’s share of waters had already been illegally
    plundered, especially after the establishment of Pakistan and long before the
    1991 accord, as stated above.
    Sindh – Punjab Water Dispute – 1859- 2003 85
    Mangla dam, built at the expense of all Pakistanis, as the replacement
    dam for the illegally sold rivers, has been totally misappropriated and
    transformed from a replacement to a basically development dam for
    irrigating new lands of Punjab. Tarbela, the development dam declared to be
    meant for “...development and feeding of Sindh canals” has been forcibly
    captured by Punjab authorities who are using it as their exclusive property.
    As the first charge upon it has been imposed the providing of replacement
    and development supply of Punjab, no matter whether the minimum
    requirements of the Sindh barrages are satisfied or not. This is internal
    colonial high handedness, exploitation and terrorism in its most naked,
    blatant and cruel form.
    Every further drop or cusec of water, that is being taken now or will
    be taken hereafter, from the Indus System, for any canal or dam, will to that
    extent, reduce the flow of Indus System Water towards the province at the
    tail viz Sindh and intensify its ruin and desertification.
    Justice demands that the above enormous injustices to Sindh from the
    first days of the establishment of Pakistan be rectified before any further
    cynical loose talk about further dams and canals. The alleged wrong doers in
    this respect include Prime Ministers, Presidents, generals and field marshals
    and federal and provincial governments of the country. The alleged wrongdoing
    involved in this matter, appears to attract both the criminal and civil
    jurisdictions at the highest level. What appears to be needed for satisfying
    the cardinal golden principle of administration of justice that justice should
    not only be done but should also be seen to be done, is an impartial and
    powerful, international judicial forum of the UN, OIC or SARC level, to
    decide both the above aspects of the matter. Justice delayed is Justice
    ************************************************** *
    Sindh – Punjab Water Dispute – 1859- 2003 86
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    Hyderabad, 1998.
    Sindh – Punjab Water Dispute – 1859- 2003 87
    (14) Khan, Jahandad, Ltd. Gen, ‘Pakistan-Leadership Challenges’,
    Oxford University Press, Karachi, 1999.
    (15) Yousif, Hamid, ‘Pakistan-A Study of Political Developments-
    1947- 97’, Sang-B-Med Publications, Lahore, 1999.
    (16) Mc Grath, Allen, ‘The Destruction of Pakistan’s Democracy’,
    Oxford University Press, Karachi, 1996.
    (17) Muhammad Munir. Chief Justice (Retd), ‘From Jinnah to Zia’,
    Vanguard Books Ltd, Lahore, 1980.
    (18) Khan, Roedad, ‘Pakistan a Dream Gone Sour’, Oxford University
    Press, Karachi, 1998.
    (19) Khan, Mohammad Ayub, ‘Friends not Masters’, Oxford
    University Press, Karachi, 1967.
    (20) Basit. A, ‘The Breaking of Pakistan’, Intikhab-e-Jadeed Press,
    (21) Gardezi, Hassan and Rashid, Jamil, ‘Pakistan the Unstable State’,
    (22) Shaikh, A.W.F, Chief Engineer Irrigation, Presentation of Sindh
    Case before the Indus Water Committee’, Karachi, 17th to 22nd May, 1971,
    Lahore, on 27th and 3 1st May to 1St June, 1971.
    (23) Soomro, G.K, ‘Indus Water Allocation’, 1980.
    (24) Indus Water Committee - The Punjab Brief, January, 1971.
    (25) Monthly Law Journals, Published at 35-Nabha Road, Lahore:
    (i) Supreme Court Monthly Review, 1994, P.2232, ibid,
    (ii) Pakistan Legal Decisions, 1990, Supreme Court of
    Pakistan, P.666, ibid, Lahore.
    (iii) Pakistan Legal Decisions, 1994, Lahore High Court,
    P.353, ibid, Lahore.
    Sindh – Punjab Water Dispute – 1859- 2003 88
    (iv) Pakistan Legal Decisions, 1995, Peshawar High Court,
    P.22, ibid. Lahore.
    (v) Supreme Court Monthly Review, 2000, P.1969, ibid.
    (vi) Pakistan Criminal Law Journal, 1969, P.1193, ibid,
    (vii) Pakistan Legal Decisions, 1967, Lahore High Court, P.
    1190, ibid, Lahore.
    (viii) Pakistan Criminal Law Journal, 1992, P.242, ibid, Lahore.
    (ix) Monthly Law Digest 2000, P.77, ibid, Lahore.
    (x) Pakistan Legal Decisions, 1966, Supreme Court of
    Pakistan, P.664, ibid, Lahore.
    (xi) Pakistan Criminal Law Journal, 199 l P.113, ibid, Lahore.
    (xii) Civil Law Cases, 1997, P.768. ibid Lahore.
    (xiii) Civil Law Cases. 1997, P.1083, ibid, Lahore.
    (xix) Qanune-Shahadat Prder. 1984, ibid, Lahore.
    (26) (Article) Ali, Imran, The Punjab under Imperialism: 1885-1947
    (review by Karamatullah K. Ghori, Daily Dawn, November, 2, 2003).
    Last edited by ajtr; 27-03-10 at 01:01 AM.

  15. #89
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    Conflict management on water sharing and storage


    Dr. Rajab Ali Memon*

    After a protracted struggle by small provinces against the construction of mega dams on Indus river, the stage is now set for final decision making by the federal government on the most controversial of all the damned dams- the Kala Bagh dam. Technical Committee Report, expected to be released in August 2005, has already been rendered inconsequential by the recent press conferences of the Secretary Irrigation Punjab and the Chairman WAPDA; who have rejected all the claims and arguments of Sindh on sharing and storage of Indus water. The CBMs on “storage reservoirs” have been resumed with a whole lot of subjective rhetoric, which lacks any objective assessment of water availability and foolproof guarantees about judicious water sharing. This article, therefore, presents a representation of Sindh Water Case, with special reference to the critical issues of water apportionment, escapade to sea, and construction of storage dams.

    Water distribution and sharing

    The conflict between Sindh and Punjab over water apportionment is as old as the 1870s, when Punjab started constructing irrigation infrastructure on Indus river. After restoration of provincial status of Sindh in British India, an agreement was reached in 1945, whereby the right of Sindh over Indus water was held supreme. Distribution of water continued in accordance with the 1945 Formula till 1977 when, after construction of Tarbella dam, the federal government decided to follow ad-hoc arrangements for water apportionment between provinces. The latest Water Accord was signed by chief ministers of all four provinces of Pakistan on 16th March 1991 and ratified by the Council of Common Interests on 21st March, 1991. In May 1994, however, Punjab presented a working paper as an ex-agenda item before the Federal Minister of Water proposing a different formula for sharing shortages now known as the so called “Historical Use Formula”. The matter was subsequently referred to Federal Law Division, which duly observed that any interpretation of sharing shortages on the basis of historic use shall be a violation of the 1991 Accord as well as the Constitution of Islamic Republic of Pakistan.

    Using its physical control over head works and dams, and different tactics at different times, the Punjab province has managed to share the system shortages as per the highly controversial 1994 Formula; whereby the share of Punjab works out to be around 2 MAF more than its full allocated share according to the 1991 Water Accord. The share of NWFP and Balochistan is also not reduced during shortages of any magnitude, according to an arbitrary IRSA decision. Sindh alone bears the burnt of water shortages in the system, which are faced during 4 out of 5 years. It is interesting to note that the so called historic use formula was based on the sharing of
    water for only 13 years from 1977 to 1990, as a baseline data for arriving at the 1991 Accord. During this period, as stated earlier, the water apportionment was made on ad-hoc basis every year. It has nothing to do with the historic use since 1945, because at that time, there was virtually no formal share for Balochistan’s pat feeder canal command area as it was then a part of Sindh province.

    With the allocation of 2.24 MAF approved by the ECNEC for LBOD and 0.87 MAF allowed by the President of Pakistan for Karachi city, the present sanctioned annual allocation of provinces as per 1991 Accord is as follows: Punjab 55.94 MAF, Sindh 48.76 MAF, NWFP 8.78 MAF and Balochistan 3.87 MAF. Due to denial of share from Mangla dam and increased apportionment to Punjab, NWFP and Balochistan during shortage years, the average annual use of Sindh in recent years stands only at 43.67 MAF, against its allocated share of 48.76 MAF; while Punjab has managed to take its full share and it also utilizes an additional 45-50 MAF of fresh ground water mined through about 0.6 million shallow tube wells. Punjab is also blessed with a better down pour. Sindh, on the contrary, lacks any significant fresh groundwater and rainfall resources; and, hence, must get its due share of irrigation water for sustainable agriculture and rural livelihood systems.

    Sindh agriculture is indispensable

    Punjab Water Council and other pro-dam lobbies have often asserted that Sindh Agriculture is an inefficient producer, whereas Punjab alone can feed Pakistan if allowed a lion’s share of Indus river water This assertion is a mere fallacy because, even at present, Sindh contributes over 35 % of rice, 30 % of sugarcane, 20 % of cotton and 15 % wheat production in Pakistan. About 80% of cultivable area in Sindh can be classified as having very high, high and/or moderate potential for agricultural production; while only 20 percent of the area has low potential for general cropping. Given its due share of water to increase area cropped more than once and to cultivate additional 1.5 million hectares of fertile land, Sindh has the potential to produce 40% each of rice and sugarcane, 30 % each of cotton and wheat and an additional 30 % of fresh fruits and vegetables in Pakistan. Thus, Sindh agriculture can contribute significantly to the objectives of increasing productivity, maintaining quality and variety in exports and economic efficiency as dictated by the WTO Agreement on Agriculture. Sindh agriculture can amply cater to the needs of poorer sections of population in coarse rice and medium fiber cotton; ensure autarky in wheat, sugar, pulses, fruits and vegetables; earn valuable foreign exchange from coarse rice, fresh fruits, vegetables, flowers, fisheries and livestock products; and save foreign exchange by substituting for import of crude vegetable oil, wheat, sugar, meat, lentil, spices and vegetables from India and other countries. It would be utterly foolish to rely on India for import of essential food items, while the same can be produced with comparative advantage in Sindh province.

    The craze for full control over irrigation water is based on productivity gains realized by Punjab during Green Revolution era (1967-83), where-in it was estimated that 40% each of additional productivity of HYVs of rice and wheat was contributed by higher water and fertilizer doses. The reality now is that Punjab has grown out of that phase, on account of over-application of canal and tubewell water, chemical fertilizers and pesticides since 1980s. Punjab actually uses 50% more water per acre of the CCA, when compared to Sindh. This is causing it an increasing water logging and salinity problem and necessitating huge investments in drainage projects. Punjab agriculture can now compete only by producing quality products such as long fiber fine cotton, aromatic long grain rice, cut rose and processed farm commodities for exports, in addition to wheat. As against this, the marginal productivity of an additional irrigated acre is much higher in Sindh for coarse rice, sugarcane, red rose, melons, sunflower, coconut and oil palm, beetle leaf, mangoes, banana, guava, tomatoes, chillies and onion crops. Sindh, therefore, qualifies for its share granted in Water Accord 1991, even on grounds of economic efficiency.

    Escapade to sea

    Historical escapades below Kotri have been 80 MAF prior to the construction of upstream barrages and dams. From 1975-1995, these flows gradually reduced to the average level of 35 MAF annually. Afterwards, the belligerent denial of sanctioned water to Sindh has drastically reduced the environmental flows downstream Kotri, so much so that the actual flow was only 0.72 MAF in 2001-02 and virtually none in 2002-03. The IUCN team of experts recently worked out the annual requirements for outflow to sea for environmental sustenance to be 27 MAF (equivalent to 300,000 cusecs). The World Commission on Dams and Development recommends at least 10 percent of basin flows as environmental water for the river deltaic eco-systems. This works out to be about 15 MAF for the Indus river delta. Under present circumstances, even the allocation of 10 MAF given by the 1991 Water Accord is likely to be available only in 17 out of 72 years. The pro-dam lobbies wrongly estimate that still some 35 MAF is going to sea. They also unfortunately happen to believe that downstream escapade to sea is a mere waste; and, that it is “water for frogs and worthless forests”. Environmental and agricultural scientists know, however, that the following colossal damages have already occurred due to dwindling escapade to sea:

    i) Sea water intrusion has resulted in the damage of about 1.5 million acres of fertile land in 159 dehs of 8 Tehsils of the deltaic districts - Thatta and Badin and Katcha (riverbank) area of Sindh, spread over 2 million acres, has been rendered barren, with consequent loss of productivity of food grains, cash crops, fodder, pulses and spices and traditional oilseeds.

    ii) Mangrove forests, which once grew on 700,000 acres, now cover only 125,000 acres causing an eminent threat to the ports of Karachi and Bin Qasim. Having found an alternative in Gawadar, the pro-dam lobby is conspicuously indifferent to the future of these two ports.

    iii) The fish production in the drying creeks and Indus river has declined, while Palla fish catch is nominal. Coastal wetlands and Ramsar sites have been degraded with consequent losses in biodiversity and environmental quality.

    iv) Depletion in flow of sweet river water and rich silt (which has gone down from 400 million tons to only 100 million tons annually), has led to what is called a ‘Hyper-Saline Condition” in coastal belt that kills life in all forms; thereby adversely affecting coastal livelihoods and increasing the poverty incidence.

    v) Indus river bed has shrunk and become gradually narrow and could be highly disastrous during super flood years, which occur once every decade.

    3. Construction of new reservoirs

    Controversy over water availability is at the heart of conflict over the construction of new dams for upstream water storage. Sindh experts estimate that every 4 out of 5 years, the yearly system flows are around 123.59 MAF. Annual average water availability from 1922-23 to 2002-03 has been 138 MAF. The WAPDA officials, however, estimate an unbelievable figure of 152 MAF as average annual flows. The following factors must, therefore, be considered seriously to estimate average annual availability of water:

    (i) At present, Pakistan has no treaty with Afghanistan for apportionment of water from Kabul River which contributes an average of 20.42 MAF to the Indus main river. Potential short term uses by Afghanistan are about 8 MAF. Adjusting for these uses, the water availability from western rivers will become 130 MAF instead of 138 MAF; and, in 4 out of 5 years 116 MAF instead of 124 MAF. These uses by Afghanistan can increase in the long run, causing further reduction of water in the Indus basin.

    (ii) With speedy construction of dams and barrages by India, the hypothetical contribution of 8 MAF by the three eastern rivers which were sold unilaterally by Punjab technocrats and dictatorial government of Field Marshall Ayub Khan in 1960, while Sindh was under the bondage of One Unit, cannot be simply assumed as permanently available for any realistic projection.

    (iii) The expectation that the on-going National Program of Improvement of Watercourses (NPIW) would save significant quantum of water for filling in 2-3 mega dams over the long term, is nothing but a myth as is evident from past experience of several on-farm water management projects. Being a crash program, the NPIW has no in-built mechanism to ensure good quality works, proper O & M and sustainability through farmer participation.

    (iv) The assumption that the provinces shall continue saving 12 MAF of allocated water annually is also a fallacy, because there is an increasing use of water in Punjab, Balochistan and NWFP (including above rim station utilization).

    Sindh technocrats have, therefore, been pleading that there is simply no surplus storable water available, if all requirements and commitments are duly met. The WAPDA and other pro-dam lobbies have not been able to give reliable information on future average annual availability of water flows in the system. Under the scenario of sufficient water availability in only 1 out of 5 years, there is no way that the two mega dams (Kala Bagh and Basha) costing about USD 25 billion or more could be rated as feasible in financial terms. The proposed mega dams cannot stand the test of real economic feasibility when using sensitivity elements such as regional equity, lower riparian rights, welfare and distributive justice, food security of Pakistan, and opportunity cost of poverty, environmental degradation and quality of drinking water.

    4. The mistrust factor

    Controversy over construction of new dams is partially also a result of mistrust which is deep rooted in the past one and a half century of broken agreements and promises by Punjab province. Some glimpses of operation of existing reservoirs are highlighted hereunder to establish the case in point:

    Dams should be filled when the water is surplus. But Mangla dam is forcibly filled in April and May when there is shortage in Sindh and heavy requirement for Kharif crop.

    After the Indus Water Treaty 1960, allowing exclusive use of 33 MAF of eastern rivers to India instead of their historic utilization of only 8 MAF, the withdrawals of Trimmu, Islam and Panjnad barrages on Indus have been placed at the same priority with that of Guddu, Sukkur and Kotri; resulting in drastic reduction of water at the lower stream barrages.

    GTC is being constructed with a head discharge of 8,500 cusecs whereas maximum discharge allowed in Water Accord’s ten daily allocations by the CCI, in spite of valid objections by Sindh province, is 5,900 cusecs only. There is no guarantee that the GTC would not be converted into a regular irrigation canal just like its predecessors- the CJ and the TP link canals, and used for irrigation of Punjab fields even during shortage years.

    The so called Historic Use Formula of 1994, which was neither agreed by Sindh nor approved by the CCI, is belligerently being followed for Indus water apportionment since then. Ironically, it is in vogue even after its annulment by the IRSA under directives of Chief Executive Secretariat.

    Downstream Kotri escapade to sea has been continuously denied, and apportioned by Punjab in some years, despite protests by Sindh.

    No flood canals and small dams have been constructed in Sindh province, despite pre-proposals for about a dozen such projects.

    Under the circumstances, the mistrust between Sindh and Punjab has grown out of proportion. Every passing day, the provoking statements of pro-dam lobbies are fanning this fire. It appears now that a unilateral announcement of constructing Kala Bagh dam will be made shortly by the prime minister - Mr. Shaukat Aziz; who, like his predecessors in power, desires to construct a mega project from the windfall dollar reserves; whereas there are several high priority areas in Pakistan such as social development, investment in vocational education and employment generation, cutting edge research and technology, use of atomic energy for peaceful purposes, and Thar coalfield development which qualify for critical investment and which may have a high economic internal rate of return vis--vis the Kala Bagh Dam.

    5. Barriers to consensus

    From the review of books and materials on Sindh Water Case, one may easily conclude that there is no absolute rejection for the construction of a large carry over storage dam per se. Opposition to the two mega dams emanates from their proposed site, non-availability of water to fill the new dams in four out of five years, intended construction of irrigation canals by Punjab on new dams, low potential and high cost of power generation from proposed dams vis--vis exploitation of Thar coal reserves of Sindh, indifference to opportunity cost and feasible alternate uses of huge investments even in the irrigation and drainage sector, track record of violation of water apportionment agreements and accords by Punjab province and lack of legal and regulatory framework to ensure judicial apportionment and sharing of Indus waters in the long run. Government of Pakistan, the WAPDA and the pro-dam establishment of Punjab, have done nothing concrete to guarantee that water apportionment shall be done judiciously and on a sustainable basis; and, that the losses, if any, suffered by all Sindh stakeholders shall be duly compensated.

    6. Required CBMs

    The unusually hurried process of decision making on upstream irrigation projects, has also multiplied the doubts and unleashed active resistance in Sindh. Mangla dam with raised walls, Tarbella dam and construction of small feasible dams at different sites, can easily handle the water storage needs of Pakistan up to year 2030 A.D. Assuming that completion of a mega irrigation project such as the KBD may require about 10 years, Pakistan has a comfortable margin of 15 years or so for confidence building measures (CBMs) to arrive at a consensus on Indus water sharing and storage. With sincere efforts, skilled negotiation, credible guarantees for future water sharing, initiation of necessary irrigation and drainage projects in Sindh and appropriate compensation for deltaic affectees, such a consensus can most certainly be managed during a much shorter time period.

    Alongside the CBMs, there is also a need to base all investment decision making on proper data base. The conflict over technicalities of water availability and appropriate carry over dam sites, can be managed through open exchange of information among all stakeholders. The current WAPDA policy of denial of factual information has been a major hurdle in attaining consensus on various irrigation and drainage projects. Reliable data is expected from the on-going work of technical committee and Downstream Kotri study. In addition, there is a need to complete financial and real economic feasibility studies on other proposed dam projects/ sites. Sindhi technocrats happen to support a carry over dam of 15 MAF at Skurdu. No site below the present Tarbella dam is acceptable because it would be possible for Punjab to take out irrigation canals from the stub channels that may secretly be provided by WAPDA in the design of such dams; as has been the case with Tarbella dam, from which a canal has been taken out after 25 years of its operation.

    At the national level, constitutional as well as Pakistan Army guarantees on non-construction of irrigation canals from the storage dame and adherence to mutually agreed water apportionment (invoking CCI and/or thirty party mediation during violations by any party), may be required to arrive at a consensus among all four provinces. Such concrete guarantees are being currently negotiated with Baloch leaders. On the international front, it may be advisable to utilize the available time margin for striking favorable water agreements with India and Afghanistan. If need be, the 1960 Water Treaty with India could be re-negotiated through the World Bank, invoking genuine needs of Sindh agriculture and environmental escapade to sea. The big hurry of pro-dam lobbies is quite unnecessary and detrimental for provincial harmony. The irresponsible and supra-constitutional proclamations of Punjab Water Council may magnify the manageable conflict to extraordinary proportions; whereby, the issues of apportionment of Indus waters and construction of storage dams, might get referred to third party international forums in the short run. Such a situation shall be against the sovereignty of Pakistan, and all patriotic elements must try to avoid it by accommodating the genuine viewpoint of each other.

  16. #90
    Veteran Member ajtr's Avatar
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    This paper gives indication how Pak- Punjab steals water from sindh and balochistan.There is no shortage of water in punjab but the table shows shortage in sindh and balochistan.Punjab in order to hide its water stealing blame it on india and its the punjabis who are making noises ie punjabi politician/media house/punjabi army and punjabi jehadi ie L-e-T about india stealing water in order to deflect the blame from itself and misguide other provinces.

    Kharif 2000 River Water Distribution and Management


    The Reformers
    Water Management and Distribution Committee:

    Chairman: Engr. A. N. G. Abbasi
    Members: Engr. Shaikh Manzoor Ahmed
    Engr. Kazi Abdul Majid
    Engr. Qamaruddin Sahto
    Syed Syed Qamar uz Zaman Shah

    December 2000

    The Reformers


    1. Introduction

    Pakistan depends almost entirely on the flows of the three western rivers of Indus system for its requirements of irrigated agriculture. The flow pattern of our rivers is however highly erratic. This is evident from the fact that the highest annual flows in the western rivers in the recorded history since the year 1922-23 was 186.76 MAF in the year 1959-60 as against the minimum of 97.4 MAF in the year 1974-75. The maximum Kharif water availability was 154.74 MAF during 1959-60 against the minimum of 79.4 MAF in the year 1974-75. The water according to requirements / allocations of the existing canal systems is therefore not available during the years of low flows in the rivers. In such a situation the shortages have to be shared equitably.

    2. Basis for sharing of shortage of river water

    2.1. The Indus Water Accord was signed by the provinces on 16 March 1991, soon after it was ratified by the Council of Common Interests (CCI). The paras 14(a) and (b) of the Water Accord lay down the basis for sharing the shortages and surpluses of river water. These paras of the Water Accord are reproduced below: -

    14 (a) The system-wise allocation will be worked out separately, on ten daily basis and will be attached with this agreement as part and parcel of it.

    14 (b) The record of actual average system uses for the period 1977-82, would form the guidelines for developing a future regulation pattern. These ten daily uses would be adjusted pro-rata to correspond to the indicated seasonal allocations of the different canal systems and would form the basis for sharing shortages and surpluses on all Pakistan basis.

    2.2. The above provisions of the Water Accord are quite clear, specific and unambiguous. The Accord clearly and specifically lays down that the actual average system uses for the period 1977-82 would form the "GUIDE LINE FOR DEVELOPING" a future regulation pattern. These ten daily uses would be adjusted to correspond to the indicated seasonal allocations of different canal systems and would form the BASIS for sharing shortages and surpluses on all Pakistan basis. The ten daily system wise allocations were worked out accordingly in the year 1991 and were made part and parcel of the Accord after approval of the CCI. The sharing of the surpluses and shortages cannot therefore be made on any other basis than that clearly laid down in the Water Accord.

    2.3. Since the signing of the Water Accord, the sharing of shortages and surpluses of river water was being made in accordance with the above mentioned clear and specific provisions of the Accord. However in recent years, these specific provisions of the Water Accord have been flagrantly violated and some other formula of "historic uses" used for water sharing to the detriment of the lower riparian provinces. There is no mention whatsoever of "historic uses" anywhere in the Accord. The provision of paras 14(a) and (b) of the Accord are the only operative cannons of the Accord, which if violated will result in the whole Accord becoming redundant and meaningless. The Indus River System Authority (IRSA) has been set up under para 13 of the Accord for the implementation of the Accord. This Authority being the custodian of the Accord, has the responsibility to ensure that the Accord provisions are faithfully followed. Neither IRSA, nor any other authority is empowered to go against clear and specific provisions of the Accord.

    3. Distribution of water during Kharif 2000

    3.1. In Kharif 2000, the water availability in the rivers was very low. This situation required that the available water should have been managed properly and the shortages shared equitably in accordance with the Accord. However there were serious complaints from growers of lower riparian provinces i.e. Sindh and Balochistan regarding improper and inequitable management and distribution of water. In this paper, an attempt has been made to analyse the available data to assess the situation. In this respect, the details of water supplied to the provinces, by IRSA/WAPDA, on 10 daily basis compared to the Accord allocation have been collected.

    3.2. A statement showing province wise Water Accord allocations and actual withdrawals during Kharif 2000 is given in Annexure I. A close study of statement reveals the following: -

    (i) Against the Water Accord allocation of 74.665 MAF, the total canal withdrawals of the four provinces during Kharif 2000 were 55.705 MAF which was 25.4% less than the Accord allocation. (Allocations of the four provinces during Kharif under the Water Accord below rim stations are 77.34 MAF, but the allocations indicated by IRSA in Table at Annexure I are shown as 74.665 MAF. This is due to some variations in the figure of allocations for NWFP as shown in the IRSA statement, which is different from the Accord figures. However since there has been no complaint whatsoever from NWFP, the figures given by IRSA are not being disputed at this stage). The above figures show that a quantity of 21.635 MAF less than the Water Accord allocations (18.960 MAF less according to IRSA figures) was supplied to the provinces during the season.

    (ii) Punjab got 29.497 MAF against their allocation of 37.059 MAF, which is 20.4%, less; Sindh got 23.81 MAF against their allocation of 33.936 MAF, which is 29.9% less; Balochistan got 1.6564 MAF against their allocation of 2.847 MAF, which is 41.9% less and NWFP got 0.774 MAF against their accord allocation of 0.823 MAF, which is 6.0% less. Thus the lower riparian provinces of Sindh and Balochistan have been the worst sufferers.

    (iii) During the various 10 daily periods of Kharif 2000 (excluding month of April when there was general shortage and no water in storages), the extent of reduced supplies of 20% and above to the four provinces is given in the table below

    Shortage Punjab Sindh Balochistan NWFP
    Above 50% --- 3 1 ---
    Between 50% to 40% 1 1 6 ---
    Between 40% to 30% 1 2 2 ---
    Between 30% to 20% --- 3 5 ---
    Total 20% and above
    (out of 15 10-daily periods,
    May to September) 2 9 14 Nil

    The above table indicates that the lower riparian provinces of Sindh and Balochistan have suffered to great extent particularly during crucial sowing and maturity periods.

    4. Basic principles of regulation of reservoirs and Indus Link Canals

    4.1. A reservoir is like a water bank where water is stored when it is surplus and withdrawn when it is needed. As such the basic principle for regulation of reservoirs is that water has to be stored when it is surplus to the requirements/allocations of the present canal systems during Kharif season to be utilized subsequently during periods of shortage. In no case the water is to be stored in the reservoirs when the available flows are not enough to meet the current requirements/allocations. Moreover during the Kharif season the reservoirs have to be operated for balancing, so that the fluctuations in the river flows are absorbed in the reservoirs and steady flow maintained in the rivers downstream even during shortage period.

    4.2. The Indus Link Canals have to be operated for transfer of Indus Water to the tributaries when the water available in Indus is more than the allocations of the canals on that system and the water in the tributary rivers is less than the allocations of the canals on that system.

    5. Actual operation of reservoirs during Kharif 2000

    5.1. From the operational data of Kharif 2000, the following points regarding operation of reservoirs and Link Canals have been noticed: -

    (i) Inspite of very low water availability in the rivers, water was stored in Mangla and Tarbela reservoirs in a free style without any regard to the current allocations/requirements, particularly of lower riparian provinces. At the end of the season, Tarbela reservoir was full to capacity and Mangla was also almost full. A total of about 13-14 MAF of water was stored, though the Canals Systems received nearly 21 MAF less during the season.

    (ii) The storage in Mangla reservoir was started on 14th April 2000 when there was acute shortage of water in the rivers and there was growing demand in Sindh where sowing season starts early. The storage in Mangla continued unabated throughout Kharif season, inspite of severe shortage of water in lower provinces.

    (iii) Similarly the water was stored in Tarbela in shortage period during July II and III, August III and September when there was peak demand and acute shortage of water in the provinces of Sindh and Balochistan.

    5.3. A statement showing the water stored in Mangla and Tarbela reservoirs when the water availability in river was much less than required to meet with the allocations is enclosed as Annexure II. This statement reveals that 2.701 MAF of water was stored in Mangla reservoir and 3.410 MAF was stored in Tarbela reservoir i.e. total of 6.111 MAF was stored during the extreme shortage periods. The effects of shortage of water could have been mitigated to a great extent if the storage was not done in such an arbitrary manner. The lower riparian provinces bore the brunt of this gross misregulation.

    6. Release of water from reservoirs during September 2000 and its utilization

    6.1. A quantity of 1.186 MAF water was released from Tarbela reservoir during September II and further quantity of 1.266 MAF was released during September III. Thus a total quantity of 2.452 MAF was released from Tarbela during September 2000. In addition a quantity of 0.474 MAF was also released from Mangla during September 2000. This water was released notwithstanding the fact that during the shortage period in April to July when there was acute shortage of water in lower provinces, no water was released from the reservoirs and on the contrary it was being stored particularly in Mangla Dam.

    6.2. During the same period September II and III a quantity of 1.044 MAF of water was diverted from the River Indus through C.J. link and T.P. link canals. Thus large portion of water released from Tarbela during September II and III was diverted through the Indus Link Canals though the lower provinces of Sindh and Balochistan faced acute shortage of water during this crucial maturity period of crops. Moreover 0.474 MAF of water released from Mangla during September was also totally utilized in the upper regions. A statement showing the water released from Tarbela and Mangla reservoirs during Kharif 2000 and diverted through Indus Link Canals is givn in Annexure III.

    7. Operation of Indus Link Canals during Kharif 2000

    7.1. As explained above, the Indus Link Canals are to be opened if and when the water available in Indus is more than the allocations of the canals settled on the system and the water available in the tributaries is less than the allocations of canals settled on that system. However the Indus Link Canals (C.J. link and T.P. link) were opened on 28/29 April 2000 at a time when there was acute shortage of water in Sindh during crucial sowing period of cotton. Strangely enough, at the same time when links were opened, water was being stored in Mangla reservoir, from which it is evident that there was no shortage of water in the tributary system to justify the opening of Link Canals.

    7.2. Moreover the link canals were opened by reducing the water downstream Chashma and Taunsa Barrages instead of waiting for the river to rise so that the opening of the Link Canals would not have affected the downstream water users in the lower riparian areas in Sindh and Balochistan. Due to opening of the link canals in the end of April, heavy negative fluctuations were passed downstream which resulted in huge reduction of discharge at Gudu Barrage in early May even below the previous level which was already much less than required according to the allocations.

    7.3. The Indus Link Canals (C.J. and T.P. Link) continued to operate almost throughout the season inspite of acute shortage of water in the lower riparian provinces. A statement showing the diversion of water from Indus through the Link Canals is enclosed as Annexure IV. This shows that huge quantity 6.173 MAF of water was diverted through the Link Canals.

    8. Heavy fluctuations caused due to misregulation of river water in reservoirs

    8.1. As stated above the purpose of a reservoir is to store surplus water of Kharif for use during subsequent shortage periods. Also the reservoir is used for balancing of the available river water during Kharif season itself so that fluctuations in river flows are absorbed in the reservoir and steady flow maintained downstream. However during Kharif 2000 heavy fluctuations were passed downstream Chashma/Taunsa Barrages which resulted in irregular and erratic supplies at Gudu Barrage and caused further damage to the crops in Sindh and Balochistan. It also created problems in regulation and management of the rotation programs. Some details of the fluctuations during different 10 daily periods of Kharif 2000 are given in Annexure IV.

    9. Adverse effects of mismanagement of water distribution and misregulation of reservoirs and Indus Link Canals

    (1) The sowing of Kharif crops in Sindh and Balochistan particularly cotton and rice was delayed by more than one month.

    (2) The area under Kharif crops was reduced.

    (3) Due to late sowing and insufficient water after sowing and during maturity period the yield of the crops was reduced.

    (4) Heavy fluctuations even during shortage period caused further difficulties in regulating the water and enforcing rotation programme.

    10. Conclusions

    (i) The river water has been grossly mismanaged and misregulated during Kharif 2000.

    (ii) Sindh and Balochistan have been deprived of due share of water under the Water Accord during Kharif 2000.

    (iii) Water was stored in Mangla and Tarbela reservoirs to the extent of 13-14 MAF though the Canal Systems received 21 MAF less than their allocations during the season. Out of this quantity, 6.111 MAF of water was stored during the periods when there was acute shortage of water in Sindh and Balochistan. Water was also diverted through Indus Link Canals (C.J. and T.P. Links) at times when there was severe shortage of water in Sindh and Balochistan and they were not receiving their due share of water according to their allocations. The Link Canals were opened in April 2000 by reducing the already short water quantity, which was being supplied to lower riparian provinces at that time.

    (iv) Heavy fluctuations were passed downstream Chashma/Taunsa barrages, which created further problems for Sindh and Balochistan.

    (v) IRSA/WAPDA are responsible for this mal-distribution and mismanagement of river water. The Federal Government also did not exercise adequate control over these organizations to ensure proper management and equitable distribution of river water.

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