Kalabagh Dam revisited

By Rahimullah Yusufzai

The Lahore High Court’s controversial verdict on the Kalabagh Dam is unlikely to facilitate the start of construction work on the much-delayed project, but it has certainly handed an issue to the political parties, particularly the nationalists opposed to it, for spicing up their election campaign.

Just when one thought the issue was dead and the Kalabagh Dam a non-starter, the LHC judges in their wisdom helped revive the controversy on the project. Now suddenly, everyone is talking about the dam as if they are all water experts. Emotions are running high and could rise further during the general elections campaign because the critics of the dam would use much tougher language against the project to reinforce their nationalist credentials and attract votes.

On the other side, the supporters of the Kalabagh Dam won’t be able to openly back the project out of fear of alienating voters in the three smaller provinces, ie Sindh, Khyber Pakhtunkhwa and Balochistan. All that they will be able to do is support the construction of the dam provided national consensus on the project could be achieved. As that is well-nigh impossible in the prevailing situation, any hopes of achieving national consensus on building the Kalabagh Dam should be put to rest.

In its November 29 judgement, the LHC bench headed by Chief Justice Umar Ata Bandial directed the federal government to take meaningful steps for construction of the Kalabagh Dam by exploring and devising an administrative framework and safeguards to allay the political and other apprehensions nurtured by the concerned quarters. Those who had made the nine petitions in the court had largely based their case on the decisions of two meetings of the Council of Common Interests (CCI) held on September 16, 1991 and May 9, 1999 – the first approving construction of Kalabagh Dam and the second asking the government to address the political and technical concerns of the project’s opponents.

As was to be expected, the LHC verdict inflamed passions and was bitterly opposed by the ruling parties in Sindh and Khyber Pakhtunkhwa. Most opposition parties also opposed the court’s judgement, not appreciating the judiciary give judgements about an emotive issue involving the federating units. The fact that judges from the Punjab sitting on the LHC bench gave the verdict in favour of the Kalabagh Dam made the issue even more controversial. It is no secret that Punjab wants the Kalabagh Dam to be built, but is unable to have its way due to consistent opposition to the project from the three smaller provinces. Even otherwise, a provincial high court sitting on judgement on an issue involving the interests of the four units of the federation could send the wrong signal or be misconstrued. The Supreme Court would have been better placed to ponder over the issue and give its verdict on the Kalabagh Dam, but the question remains whether the judiciary should become involved in handing down judgements about a project that has been politicised and has not been resolved due to strong opposition from a vocal section of the population in Sindh, Khyber Pakhtunkhwa and Balochistan.

The provincial assemblies in the three provinces have repeatedly and unanimously rejected the Kalabagh Dam. In fact, the provincial assemblies that came into being as a result of the party-less elections of 1985 were the first to record unanimous opposition to the dam. Reversing all this could turn out to be an impossible task. A court verdict might even reduce the chances of success in achieving consensus on undertaking work on the project.

Punjab also needs to be more careful in pronouncing judgement on issues that impact the smaller provinces. To this day it is said that judges from the Punjab (in the Lahore High Court and later in the Supreme Court) sent Zulfikar Ali Bhutto, the prime minister from Sindh to the gallows, while those from Sindh and Khyber Pakhtunkhwa differed with the majority sitting on the bench. Those from the smaller provinces that are opposed to the dam would argue that judges from Punjab gave the verdict in favour of a project considered beneficial for Punjab and harmful, whether true or imagined, for Sindh and Khyber Pakhtunkhwa.

The Kalabagh Dam issue appears difficult to resolve at this stage. The LHC verdict could complicate things instead of getting the issue resolved. The court has inadvertently put life into an issue that was gradually fading away. And it has given one more issue to be debated during the coming election campaign. However, the debate won’t be illuminating since there is little possibility that its supporters and opponents will discuss the merits and demerits of the Kalabagh Dam or make any efforts to evolve consensus on the project.

Source: Kalabagh Dam Revisited