By Naveed Tajammal

The article lll of the above mentioned treaty, binds the Government of India not to hinder the flow of the western rivers, i.e. Indus, Jhelum and Chenab, to Pakistan, and India cannot store any water or construct any storage works, on the above cited rivers, having been given total rights since march 1973,of Ravi, Beas and Sutlej, we get flood surplus of these rivers which is released in case of excessive rains, which helps in recharging our ground waters levels, but that too will cease after the second Ravi-Beas Link is made.

Today while we slumber, India has started works on, the following projects; Pakal Dul 1000MW, Kiru 600MW,Karwar 520 MW, Baglihar (eventual 900MW),Sawalkot 1200MW (two 600mw units),Salal 390 MW, Sewa-ll 120 MW, and finally the Bursur project on the Marusudar river, which, is a major tributary of Chenab river, here the Foxland intends to build a massive water storage dam, which will control and regulate the flow to maintain levels of Pakal dul, Dul Hasti, Rattle, Baglihar, Sawalkot and Salal Hydro-projects, on the Chenab.

Jhelum will be blessed by the foxland with Kishanganga 330MW and Uri-ll 240MW.

The trillion Dollar Question remains that safe guard the interests of our country. As has been seen, after the failure of Foreign Secretary level talks on the Baglihar dam, on the Chenab, between 4-6 January 2005, the GOP contacted the World Bank, to resolve the issue with Foxland, however the feed back of World Bank was well said, as per their letter dated 19 January 2005, to GOP, nutshell being, World Bank is indeed a signatory of the Indus treaty 1960, but, it is Not the ”Guarantor” of the treaty!!!!

However we did go for a case against the Baglihar dam, But we lost it due to gross professional INCOMPETENCE of our Team, the GOP had hired the services of a white man, a lawyer, by the name of Mr. James Crawford, who forgot to bring the Memorials of the case during the final hearing of the case !!!

Now Nehru had, in the past, hired the services of an outstanding German international Lawyer and an expert on river waters, a Professor F.J. Berber, and for years till the signing of the Indus Water Treaty, he remained an employee of Foxland, though he did join the Munich University later, but remained a Consultant of GOI (govt. of India).

The works, of P.J. Berber translated in English i.e, Rivers in international Law’ to date remains an authority, the London Institute of World Affairs, had the book published.

The other reason why Nehru had the date of ratification of Indus treaty, back dated from September 1960 to 1st April, was because on 1st April 1948, they had shut down our waters, from the UBDC!!!

Two sets of laws govern the water disputes, first is the Harmon Doctrine, named after, a ”Judson Harmon”, who was the Attorney General of USA in 1895,when arose a dispute between Mexico and USA over the usage of RIO GRANDE waters, Mexico was a lower riparian, the doctrine above cited gives ”ABSOLUTE TERRITORIAL SOVEREIGNTY;” to the upper riparian, as goes the usage of water resources passing through its lands, though the matter was resolved, by a convention held between USA and Mexico, on may 21, 1906,by which Mexico got its share of waters.

Indus valley river system is an ‘International Drainage Basin’, as the geographical area extends and covers the Administrative boundaries of more then two states, from Afghanistan to Chinese administered Tibet, in the north east, and to Indian occupied Kashmir. Technically India cannot claim sovereignty over Kashmir as it remains a disputed state, and matter in reference before the world courts, having over a million troops holding it.

The ILA (international Law Association) drafted in 1966, a set of rules, called as ”THE HELSINKI RULES”, the said rules define the perimeters in case of water related disputes, in the cases where the Drainage of a Basin is International, as stated above, eleven main points/clauses govern the rights of a lower riparian, they being briefly, all about the geography of the Basin, extent of Drainage, and area in the territory of each basin state, the Hydrology of the Basin, past history of water flow, population dependent on the waters, economic and social needs of each Basin state, and the degree to which the needs of a Basin state may be satisfied without causing injury to a co-basin state !!

India as is seen follows the HARMON DOCTRINE, while we twiddle our thumbs!!!!

This article was initially carried by Pakistanpal’s Blog :

Naveed Tajammal is a renowned historian with many research papers on historical investigative research to his credit.He has over 28 years of research in the field to his credit. He is a regular contributor to Pakpotpourri Group of Blogs. 

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  • Syed Nayyar Uddin  On March 6, 2012 at 2:26 pm

    Another High Treason Case – Heads Must Roll
    Posted by Syed Nayyar Uddin on January 3, 2012 in India Peace and Pakistan, My Views, Pakistan |
    As reported in press on 2 Jan, 2012, Jamat Ali Shah former Indus water commissioner, has escaped to Canada despite being on ECL, for acting as an agent of India, by irreparably damaging the water interests of Pakistan, by giving a free hand to India in building a 57- meter high hydro-power project in Leh district (Nimoo Bazgo).

    Additionally, 42-meter high Chuttak hydroelectric power project is also being completed on the Suru River, a tributary of Indus in the Kargil district of Indian-held Kashmir.

    The said projects will reduce the flows of Indus River, the lifeline of Pakistan.

    On top of the above treachery, India has also managed to get approval of carbon credits amounting to $482,083 in seven years ($68,869 per year) from the UN for the two projects after showing that it has got the CLEARANCE REPORT on trans-boundary environmental impact assessment of the said projects, from PAKISTAN.

    Now, if memo gate scandal (which was in conceptual stage) can have ramifications of Article 6, why can’t this treason of compromising vital water interests of Pakistan, by the highest officials of the government and those responsible for not allowing the main culprit of this scandal (Jamat Ali Shah) to leave the country, after he was put on ECL, be also treated for HIGH TREASON.

    This is another fit case for last hope of Pakistan i.e., the JUDICIARY to immediately take suo moto action against the fifth columnist traitors, who sold vital interests of Pakistan and those who allowed the traitors, to flee from the country.

    And mark my words, if no action is taken against the people who are bent upon cutting the roots of Pakistan, we will be equally responsible for the flourishing of atmosphere of treason in this country.

  • GRK  On March 6, 2012 at 4:39 pm

    nayyar saheb as i know some details,as i am 68 and hence cannot afford to read and see my blood pressure go up.kuda in khabees hum watano ka bera gharakh kardey jo kuch dollars sey watan ko baich dia sadly grk

  • MUHAMMAD CHAUDHRY  On March 6, 2012 at 5:16 pm

    A very enlightening paper on a pivotal issue of national interest.However Irecall that time federal secretary of irrigation,ICS Masood,alias Khudarpoosh/Bhagwaan, wrote a note of dissent on Indus Treaty and was ousted by Ayub Khan .Can Naveed Tajamal dig in to dissent of Masood and update the nation about the ill=cooked treaty?

    • sameer ansari  On March 8, 2012 at 10:08 am

      His Dissent Note was on the Hari Committee Report. Committee was established by Quaid e Azam whose Secretary was Agha Shahi and M. Masud was a member of the committee who refused to sign the report as it was against the promise made to the people of by Muslim League (Quaid e Azam) that promise of Land Reforms was not honoured and his “Dissent Note on Hari Report” was banned, which was allowed by Mr. Yusuf Haroon when he became the Chief Minister which caused a lot of hue and cry so much so in 1950 Muslim League Government passed a resolution that Land Reforms shall be done. On this the Governor of East Pakistan Mr. Monim Khan did the Land Reforms in East Pakistan which came as a shock to West Pakistan Feudal Government and from then on they were finding ways as to how to keep the Bengali’s out of Power Corridors so they invited Ayub Khan to take over and put Martial Law because that was the only way they could have kept the Bengali Leadership out of Power Corridors. 1970 Election won by Bengali Leaders but the Feudal of West Pakistan refused to give power to Bengali’s just to save their lands. Land Reforms today is the answer to Pakistan’s problems. 1. 75% Nation will go to work will add to Tax will pay Social Security will pay EOBI will pay education Cess thus making Pakistan a Social Welfare State.

  • Khurshid  On March 7, 2012 at 1:49 am

    Tajammal Saheb, thank you for a most informative article on the Indus Accord; you have said, ‘India cannot store any water on Indus, Jhelum, and Chenab or construct any storage works, on the above cited rivers’; I think the Treaty allows India a small amount from the flow of these rivers for purposes of irrigation in IHK, I will intimate the figure as soon as I can confirm it – Khurshid

    • NAVEED TAJAMMAL  On March 7, 2012 at 6:44 am

      Dear Khurshid sahib,
      You are correct,as the indus treaty was a draft made by professor F.J.Beber,and our learned lot never went in the jugglery of the words,which he(F.J.B) as the master,did,naturally with Nehru’s, blessing and wishes,hence the outward treaty ,with a short preamble,and the 12 articles,in 22 pages,but with Annexure’s,A to H.Which reflects the work of the said Drafts-man.
      Nevertheless, it is based,eventually on intentions of both parties,And that of Indian,are self explained by the way,they have distorted the treaty,to serve their ends,never mind,that we end up with a Arid valley,and they convert their ‘ra’gestan’s’ the age old deserts,into lush green,productive regions,for the folly which Ayub khan did.

  • Arif Khan  On March 7, 2012 at 9:06 am

    Jazmeen Who needed that Khar Chick a child , we needed your expertize to take on Hillary Clinton one on one???? She will eat Khar alive with her Hotel Management degree!! Come on Zardari you had a diamond in the rough in YAA and you went for a Glass Stone (Khar) Sad Day for Pakistan Rgds Arif

  • Admiral Sirohey  On March 7, 2012 at 9:08 am

    Those who were tasked to protect our interest allegedly sold their souls, the Indians are and will continue take full advantage of our follies.


    • NAVEED TAJAMMAL  On March 7, 2012 at 9:20 am

      well said SIR.
      Folly it was,in the first place to agree,to such a draft.
      subsequently came the line of follies.

  • NAVEED TAJAMMAL  On March 7, 2012 at 9:45 am

    If india abides,by the treaty only in the chinab,the minimum of 55,000 cusecs of water must flow past the Marala-Head works,in the peak season,in 2009 it was 22,000,later in january 2011,it was reduced to 6,000 cusecs,wherein the average of winters,in the last 10 years had been,10,000 cusecs.
    Today india is siphoning out only from chinab,by constructing/digging 5 more canals,in the last 11 years,i.e Kashmir canal system,high canal system in Jammu,Ravi-Tavi link irrigation system,Igo-phey canal & Kurbathang canal.
    All waters now feed lower irrigational land projects.
    Punjab alone will eventually lose 5.6 million acres of its fertile lands.
    What to say of other provinces.


  • By Slaves till? – BlahBlah on March 25, 2016 at 9:14 pm

    […] (tribute written by his loving and intellectual wife, a writer herself, Yasmeen Ali) used to expound on the Indus Basin Civilization (which I used to joke with him and call it the Indus (Wash) Basin […]

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