Farhatullah Babar says partial Arbitration Award not a legal defeat for Pakistan

Farhatullah Babar says partial Arbitration Award not a legal defeat for Pakistan

 

Islamabad, February 26, 2013 (PPI-OT): Calls for action against elements who kidnapped and handed over Aafia to CIA Taking part in the discussion Senator Farhatullah Babar dispelled the impression that the arbitration award was a legal defeat for Pakistan. He said that Pakistan had put two questions of legal nature before the Court of Arbitration which were within its jurisdiction for determination. The Court has given its conclusive determination on one question while on the second the final award will be given later in December.

The two questions‚ he said‚ were first whether India’s proposed diversion of water from Kishenganga into another tributary breached the Indus Water Treaty and second if such a diversion was allowed whether there were limits on the quantum of water diversion.

Farhatullah Babar said that on the second question the Court categorically stated that the Treaty did not permit reduction below dead storage of the water level in the reservoirs of run-of- river plants on the Western Rivers and India could not even flush water to such an extent that would deplete it dead storage level. This condition applies not only at Kishenganga but all future run-of-river hydroelectric plants according to the court award‚ he said.

He said this clear interpretation prohibiting India from depleting water below the dead storage level is a major relief for Pakistan as it protected Pakistan’s right to receive uninterrupted water supplies on the Western rivers. The uninterrupted flow‚ as much as the quantum‚ of water was critical for crops as delayed flows have seriously undermined crops in Pakistan due to late sowing‚ he said. The Award had protected this right of Pakistan‚ he said.

Senator Farhatullah Babar said that India has planned 150 run-of-river power plants on the western rivers of which 47 are above 50 MWs which made this particular decision very significant for Pakistan. . Without such clear direction by the Court‚ the construction of these storage-oriented power plants by India‚ in the manner it has been seeking to build in the past‚ could have seriously undermined Pakistan’s right of uninterrupted water flows from the western rivers‚ he said.

On the other question‚ he said‚ that in a run of the river plant like the Kishanganga Hydro Electric Plant the water may be released below the Plant into another Tributary but only to the extent that the existing agricultural or hydro-electric use by Pakistan would not be adversely affected.

Therefore while water may be diverted for power generation the power is to be constructed and operated in a manner that ensures a constant minimum flow of water in the Kishanganga/Neelum River.

He said that for determining of minimum flow regime the Court has asked both India and Pakistan to provide flow data and other details. A final award will be given later in December and in this context the decision was not yet conclusive‚ he said.

On the Afia Siddiqui case Senator Farhatullah Babar said that the government had taken measures to help secure her repatriation to Pakistan. But while efforts must continue to be made and even stepped up to assist Aafia Siddiqui‚ he said‚ we should also investigate as to who had been instrumental in her arrest and illegal handing over to foreign authorities.

He said that in his book “In the Line of Fire” the military dictator had boastfully acknowledged that Pakistan had earned millions of dollars by handing over its suspected citizens to the CIA.

He said that when this revelation in the English edition of the book appeared embarrassing to the general he got it deleted from the Urdu version of the book. He called for investigation into the kidnapping and handing over of Aafia to foreigners‚ identification of elements in the Musharraf dictatorship involved in it and stern action against them as well.

For more information, contact:
Zafar Iqbal Mughal
Spokesman PBC
Radio Pakistan
Tel: +9251 9219439
Mobile: +92301 5088234
Email: spokesman@radio.gov.pk

 
 
 

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