THE HAGUE: The Hague-based Permanent Court of Arbitration (PCA) has accepted Pakistan’s position that it had competence to determine a dispute between India and Pakistan regarding change of designs in Kishan Ganga and Ratle Hydro Electric plants by India.
The court rejected New Delhi’s objection to the assumption of jurisdiction by the international forum.
After the ruling, the international court will start hearing Pakistan’s claim on merit to the effect that the designs of both projects are breaching Indus Water Treaty of 1961.
Pakistan was represented in the international forum by a team of international experts aided by the Attorney General for Pakistan (AGP), Advocate Leena Nishter, and Advocate Zohair Waheed, while Barrister Ahmed Irfan Aslam acted as agent of Pakistan.
The legal battle between Pakistan and India on the controversial designs of the 330 MW Kishenganga and 850 MW Ratle Hydropower projects at the PCA started on 27 January 2023. The projects are being constructed on Jhelum and Chenab rivers respectively.
Pakistan’s objections
Pakistan has three objections to the Kishanganga project’s design. It argues that the the project pondage is 7.5 million cubic meters, which crosses limit and it should be just 1 million cubic meters. It also wanted India to raise intake by up to one to four meters and also raise the spillways up to 9 meters high.
On the issue of the Ratle Hydropower plant, Pakistan has four objections. It wants India to maintain the freeboard at 1 meter, whereas India wants to keep it at 2 meters. Moreover, New Delhi wants to keep the pondage of twenty-four million cubic meters but Islamabad wants it to be restricted to 8 million cubic meters. Islamabad also wants the project intake should be raised by up to 8.8 meters and its spillways should be raised by up to twenty meters.
