ISLAMABAD: The Court of Arbitration rejected New Delhi’s challenge to the international tribunal’s jurisdiction over the Kishanganga Hydroelectric Project, giving Pakistan a significant legal victory over its bitter legal rival India.
A non-UN intergovernmental organization with its headquarters in The Hague is the Permanent Court of Arbitration (PCA). According to the sources, the court acknowledged Pakistan’s case and overruled India’s objection. The sources continued, “It will now start hearing the case on merit.” When the country’s water supply was compromised after New Delhi began construction on the Kishanganga project in 2007, Islamabad approached the court.
The International Court of Arbitration in 2013 allowed India to make conditional changes to the project design.
India had petitioned to remove the case from the jurisdiction of the international court.
Pakistan raised three objections to the Kishanganga project’s design saying that the pondage of the project is 7.5 million cubic metres, which is excessive and it should be one million cubic metres. Pakistan also wants India to raise intake by up to 1-4 metres and also raise the spillways up to nine metres high.
The legal battle between the two nations started in January to address the concerns raised by Pakistan over the controversial designs of two hydropower projects being constructed on the Jhelum and Chenab rivers.
The first hearing of the 330 MW Kishenganga and 850 MW Ratle Hydropower projects lasted for two days (January 27-28).
Pakistan’s delegation, headed by the secretary Water Resources Ministry and comprising Pakistan’s commissioner of Indus Waters, top officials of the Attorney General’s Office, and a team of international lawyers hired by the Government of Pakistan would advocate the country’s case for justice.
The World Bank had earlier constituted the Court of Arbitration on the demand of Pakistan. Likewise, it also formed a one-man neutral expert as was demanded by India.
Sean Murphy was appointed as the chairman of the Court of Arbitration (CoA) and Michel Lino as the neutral expert by the World Bank on October 17.
