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Neutral expert to hold hearing on Pakistan-India water dispute on Wednesday

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  • India has built the Kishenganga project on Jhelum River. 
  • India in process of building Ratle project on the Chenab river.
  • Earlier, PCA rejected India’s objections challenging court’s jurisdiction.

ISLAMABAD: The World Bank’s neutral expert will hold a hearing on Pakistan and India’s dispute over the controversial designs of 330-MW Kishenganga and 850-MW Ratle hydropower projects from September 20 to September 21 in The Hague.

“Pakistan’s delegation 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,” a top official at the Attorney General office told The News.

Earlier, neutral expert court proceedings were held on February 27-28, 2023 to finalise the rules of procedures on how to advance the legal fight on the designs of both the projects being built on Pakistan’s rivers by India.

India has built the Kishenganga project on Jhelum River and is in the process of building the Ratle project on the Chenab river.

Pakistan is fighting its case in the two forums — neutral expert constituted by the World Bank as desired by New Delhi and Permanent Court of Arbitration (PCA) desired by Islamabad. India was evasive in fighting its case in the PCA as it feared that Pakistan would certainly win its case in the seven-member PCA. Now, India is left with no option but to attend the PCA proceedings. On July 7, 2023, the PCA had rejected India’s six objections challenging the ongoing court’s jurisdiction to hear the case, declaring the court is competent to consider the disputes set forth in Pakistan’s request for arbitration.

The court, in its detailed Award de Ederer on July 7, accepted Pakistan’s stance and rejected India’s objections, and affirmed its competence. 

In relation to India’s non-appearance before the court, the PCA concluded that a party’s non-appearance did not deprive the court of competence, nor did it have any effect on the establishment and functioning of the court, including the final and binding nature of its awards.

At the same time, India’s non-appearance does not lessen the court’s standing duty to verify that it is competent and that it has jurisdiction over the dispute before it.

Pakistan desired to have its disputes resolved through the court of arbitration. India opposed it and scuttled the process by filing a parallel request for the appointment of a neutral expert. After filing a parallel request, India challenged the court of arbitration’s empanelment by saying that parallel proceedings cannot take place under the treaty. India wanted the court to declare the PCA illegal.

“Now the court has accepted Pakistan’s stance and rejected India’s six objections, paving the way for the court of arbitration to start hearing Pakistan’s claim on merit to the effect that the two said projects’ designs are in breach of the Indus Waters Treaty of 1961.”

The official said India feared that Pakistan’s case was very strong and in case New Delhi lost the fight, it would not be able to construct future projects on Pakistani rivers with poundage and spillways. To create hurdles for PCA proceedings, New Delhi issued a notice to Pakistan on January 25, seeking modifications in the Treaty two days before the court hearing that took place on January 27-28.

India had extended the notice by invoking Article 12 of the Treaty. However, Pakistan sent in the first week of April 2023 its response to India, saying it was ready to listen to New Delhi’s concerns about the prevalent treaty at the level of the Permanent Commission of Indus Waters (PCIW).

Pakistan has raised three objections to the Kishenganga project’s design, saying that the project pond is 7.5 million cubic meters, which is excessive and should be one million cubic meters. Pakistan also wants India to raise intake by up to 1-4 meters and raise the spillways up to nine meters high.

On the issue of the Ratle Hydropower plant, Islamabad raised four objections. Pakistan wants India to maintain the freeboard at one meter whereas India wants to keep it at two meters. 

In addition, India wants to keep the pond of 24 million cubic meters, but Pakistan wants it to be restricted to eight million cubic meters. Pakistan also wants the intake of the project to be raised by up to 8.8 meters and its spillways should be raised by up to 20 meters.

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Punjabi bakers decide to charge Rs. 15 for “roti.”

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The bread, known as roti, will be sold for Rs 15 by the bakers association.

During their discussion, the association promised Food Minister Bilal Yasin that the rate of roti will be reduced.

The minister was there when Association President Aftab Gul recorded a video message committing to sell rotis for Rs15 each.

According to him, the administration decided to lower the rate of flour. He continued, saying that the group was supporting the government hand in hand to stop inflation.

The price of flour has been drastically lowered, according to Food Minister Bilal, to help the populace. He stated, “the government aimed at providing quality and affordable bread to the masses.”

He said that the recent reduction of Rs 1,200 in the price of flour was the biggest drop in the commodity’s prices in the nation’s history.

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Day four of the AJK inflation protest begins as talks come to a standstill.

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Following the collapse of talks between the Awami Action Committee and the AJK government on Sunday, the shutdown strike and protests in Azad Kashmir over rising flour and energy costs started their fourth day on Monday.

The ongoing shutdown and wheeljam strike would continue until their demands are fulfilled, according to the Awami Action Committee.

AAC-led march on state capital Muzaffarabad today has brought the valley to a near stop. The caravans are coming from many AJK cities, and they are headed towards Rawalakot. The march is being caused by the impasse in the negotiations.

Reportedly, the demonstrators have blocked the 40-kilometer Kohala–Muzaffarabad Road, which connects Kohala Town and Muzaffarabad, multiple times.

Traffic on main thoroughfares and roads has decreased, and large police contingents have been stationed at strategic points and roundabouts.

After fighting broke out between the police and demonstrators in Mirpur on Saturday, which left one policeman dead and numerous others injured, the AJK government dispatched Rangers.

Everything is completely suspended, including internet and cellular services, business, and education.

Under the pretext of talks, Awami Action Committee leader Sardar Umar Nazir Kashmiri has charged that the administration is using deceptive methods.

Apart from the flour subsidy, he continues, the administration will not budge on any other demand.

CONVENE MEETINGS, PRESIDENT, PM

All parties involved have been asked by Prime Minister Shehbaz Sharif and President Zardari to use moderation and engage in discussions to find a solution. According to both, the demonstrators in Azad Kashmir should have their legitimate demands met.

The issue in AJK will be the topic of a significant meeting that Prime Minister Shehbaz Sharif is calling today, Monday.

The skirmishes between the demonstrators and the AJK police caused anxiety for the premier on Sunday.

Speaking with Chaudhry Anwarul Haq, the prime minister of AJK, he said he also gave the office-bearers of the All-Pakistan Muslim League-Nawaz in AJK instructions to speak with the leaders of the Awami Action Committee.

Olive Branch is offered by AJK PM.

Prime Minister of Jammu and Kashmir Chaudhry Anwarul Haq stated on Sunday that his administration was ready to lessen the burden of exorbitant grain and energy costs.

Regarding Saturday’s meetings with the demonstrators, Prime Minister Haq declared, “We are determined to implement the agreement we have reached with the Awami Action Committee.”

Politicians, according to Haq, have found solutions to issues through discussion and “we are ready to talk with the Awami Action Committee at any level and the demands related to the government of Pakistan will be raised before the federation.”

In order to ease the burden of rising flour and power prices, he also expressed a willingness to modify the development budget if needed.

The AJK prime minister stated that his government’s first priority was ensuring public safety, and he further stated that no force was applied to the demonstrators.

Sub-inspector Adnan Qureshi was killed in a confrontation with demonstrators in Mirpur, and hundreds of people attended his funeral on Monday.

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Today’s National Assembly session is scheduled.

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The National Assembly (NA) will meet today (Monday) at the invitation of President Asif Ali Zardari.

At 4:00 p.m., the National Assembly will convene in the federal capital at Parliament House. The meeting’s agenda has been released by the assembly secretariat.

As per Article 54(1) of the Constitution of the Islamic Republic of Pakistan, the President has the authority to call a session of the National Assembly.

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