Lawyers’ convention demands federal govt rescind Indus canals decision in a week

The All Pakistan Lawyers and Stakeholders Convention demanded of the federal government on Friday to immediately rescind all canal construction decisions affecting Sindh, as they were in violation and contempt of Supreme Court orders.

Adopting a resolution, the convention resolved that the 1991 water accord and Irsa Act 1992 need to be amended in order to subject all upstream water schemes to the consent and approval of lower riparian province of Sindh as provided under the Sindh-Punjab water agreement of 1945.

The convention condemned the issuance of a water availability certificate by Irsa for canals on the Indus River despite opposition from Sindh and demanded its immediate withdrawal. It resolved that it is incumbent upon the federal government to ensure implementation of the water accord and fair distribution of water.

The convention noted that Irsa being improperly and illegally constituted without the federal member from Sindh issued the water availability certificate on January 25, 2024 for the construction of canals for approval of Ennec under Section 8 of the Act.

The resolution said that Sindh being lower riparian had filed objections in Ecnec and CCI under Article 155 of the constitution and Irsa Act, but without reconstituting Irsa and deciding appeal or approval by Ecnec, work was allegedly started by the Punjab government on canal site, which was illegal and unconstitutional and must be done away with.

The convention demanded immediate appointment of the federal member of Irsa from Sindh in order to make Irsa composition in accordance with the law. It further resolved that with no approval by Ecnec to any water scheme due to pendency of the Sindh government’s appeal before the CCI, no work of canal construction could be undertaken by any government.

The convention demanded that a CCI meeting may be called to deliberate on the issue of illegal composition of Irsa and issuance of the water availability certificate for construction of canals on the appeals/objections filed by the Sindh province.

It also demanded that the CCI should restrict itself to deciding about the composition of Irsa and the issuance of the water availability certificate. The lawyers’ convention said that prior to the meeting of the CCI, it must be reconstituted on the basis of equal representation of the provinces as provided under Article 153 of the constitution.

It further demanded from the federal government to issue a notification within one week cancelling the construction of six new canals on the Indus River, failing which the legal fraternity would initiate a protest campaign, including blockade of the motorway on April 18.

The convention demanded that local people be allocated land under the land grant policy and the corporate farming and demanded from the provincial assemblies to pass resolutions against the construction of six canals on the Indus River.

Earlier, Supreme Court Bar Association President Mian Rauf Atta said in his address that the legal fraternity is with Sindh on the canal issue. He said the bar is against the unjust distribution of water.

The Sindh Bar Council vice chairman strongly condemned the illegal extraction of six canals, which would have severe environmental, social and economic impacts on the region. The SBC also announced a boycott of court proceedings against the construction of six canals on April 12. The convention was presided over by Sindh High Court Bar Association President Mohammad Sarfaraz Ali Metlo and lawyers’ representatives from all bar associations of the province.