Kishenganga hearing: India gets relief for now

In a temporary relief to New Delhi,the ongoing construction activities at the 330 MW Kishenganga hydel project in Jammu and Kashmir will continue as Pakistan did not press for a stay on the activities during the first hearing of the international court of arbitration in Hague on Friday.

In a temporary relief to New Delhi,the ongoing construction activities at the 330 MW Kishenganga hydel project in Jammu and Kashmir will continue as Pakistan did not press for a stay on the activities during the first hearing of the international court of arbitration in Hague on Friday.

The move came as a surprise to India given that Pakistan had initially petitioned for a stay order as an interim measure till the case adjudicated by the seven-member international court of arbitration was over. In fact,India had anticipated Pakistans move to seek a stay on the ongoing activities on the site and done its homework accordingly. New Delhi,on its part,was wary of Islamabads intention fearing that it may choose to drag the case and delay the Kishenganga project indefinitely once it gets a stay order.

However,Pakistans move has left India guessing over the formers future course of action. The international court of arbitration bench,headed by Justice Stephen M Schwebel,is now learnt to have asked Pakistan to submit its memorial (affidavit) making its case to the court. Subsequently,India,sources said,will have to submit its counter-memorial.

After the completion of the courts proceedings,the 10-member Indian delegation was learnt to have gone into a huddle to assess Pakistans next move and chart out the future strategy.

The Indian legal team from India included noted lawyer Fali S Nariman and international law expert Shankar Das. The Indian delegation also included Union Water Resources Secretary D V Singh,Chairman of the Central Water Commission AK Bajaj,Indus Commissioner G Aranganathan and his deputy Darpan Talwar. They are being supported by two senior officials from the Ministry of External Affairs along with Narimans junior Subhash Sharma and K S Nagaraja,executive director of NHPC which is building the Kishanganga project.

The case holds significance in the wake of the fact that this is the first time that Islamabad and New Delhi have gone to an international court of arbitration to resolve the dispute pertaining to the Indus Water Treaty that withstood hostilities between the countries over last five decades.

A few years ago,both sides had encountered differences over the the construction of 450 MW Baghlihar hydel project,which was taken to to World Bank by Pakistan for resolution through a neutral expert. The case,which was referred to World Bank appointed neutral expert Raymond Laffite in 2005,was resolved in favour of India only in 2007.

Story continues below this ad

Unlike Baglihar,where the differences were technical in nature,Pakistan this time has raised legal issue claiming that the Kishenganga project would amount to violation of the treaty and raised two legal questions that can be resolved only through an international court of arbitration.