Sindh-Punjab Water Dispute

1859-2003

By:
Rasool Bux Palijo

Center for Peace & Civil Society

1 2
 All Rights Reserved

33
Book Title:
Sindh-Punjab Water Dispute
Subject:
Sindh Case Series -8
Authored by:
Rasool Bux Palijo
Year:
April 2011
Published by:
Center for Peace & Civil Society (CPCS)
Composing & Title Designing:
Suleman Samejo
Price: 150/= (The century-and-a-half long illegal, criminal
and conspiratorial plunder of Sindh's share of
the Indus Basin Waters, the severe water
famine imposed upon Sindh (a province of
Pakistan), the ruin of its agro-based economy
and the apprehended genocide of Sindhi People)
Most of the great world civilizations have been the gifts of
Books are available here: the great rivers of the world. Disputes over waters of rivers
- Mr. Books Islamabad have been occurring from time to time in world history.
- Saeed Book Shop Islamabad Thanks to the enormous development and more or less
- Feroze Sons Mall Road, Lahore effective implementation of International Law about rights
- Thomas & Thomas Book House Karachi of co-sharers of river waters, most of the present day river-
- Kathyawar Book House Karachi
water disputes of the world have been amicably settled. The
- Sindhica Kitab Ghar Hyderabad
cardinal principle of the river water law that has emerged
- Fiction House Hyderabad
out of centuries of intra-national as well as international
- Rabel Kitab Ghar Larkano
- Gul Kitab Ghar Shikarpur
litigation on the issue, is that the party at the upper side of
- Junaid Kitab Ghar Dadu a river (legally known as upper riparian) has no right to
- Sindhica Kitab Ghar Sukkur withdraw or divert water from the common river if it causes
- Marvi Kitab Ghar Tando Allahyar loss or injury to a party at the lower side (legally known as
- Mehran Kitab Ghar Mirpur Khas the lower riparian). Prof: H.A. Simth's famous work
- Hillal Kitab Ghar Mirpur Khas "Economic uses of International Rivers", which examines
treaties between states since 1785,states that all these
treaties proceed with the principle that works executed in
the territory of one state, require the consent of another, if
they injuriously affect the interests of the latter.
3 4
In undivided India, the law of equitable use of common river time. It is however, continuing unabated to this day, due to
waters developed steadily with the passage of time. reasons discussed below.
The river Indus with its five tributaries and the agriculture The government of British India constituted in 1901, India
based upon this river system, has been the mainstay of the Irrigation Commission which ordered Punjab to seek
economy of the former north-western Indian territories, now permission from Sindh about any project which it may wish
constituting Pakistan. Three tributary rivers of Indus, to implement with regard to the waters of Indus river
namely Ravi, Bias and Sutlej enter Pakistan from India and system.
the other two viz Jhelum and the Chanab flow into Pakistan In 1919 the Cotton Committee appointed by the government
along with Indus, from the State of Jamu and Kashmir. The of India to settle the Sindh-Punjab Water dispute held that
waters of all the above five tributary rivers join that of the Punjab should not be given any waters from Indus river
Indus at Panjnad, irrigate the province of Sindh and system till the results of the projected Sukkur Barrage do
discharge into the Arabian sea in southern Pakistan, at and not become evident. The 1919 government of India Act lay it
around Keti Bandar in Sindh. down that the matters regarding Sindh-Punjab water
There were, therefore, two main riparian (co-sharers and dispute should be decided by no less an authority than the
beneficiaries) of the waters of the six rivers of the Indus Viceroy of India himself.
River system in the pre-partition period viz-undivided The government of India Act 1935 Section 130 and Section
Punjab and Sindh, since time immemorial. In the latter half 131(6), interalia laid down the principle that no province can
of the nineteenth century, the authorities of the province of be given an entirely free hand in respect of a common source
undivided Punjab started diverting water from this system of water such as an inter-provincial river. Examining the
against the interests and rights of the Sindh province and riparian rights, and the claims of the authorities of the
this started the nearly a century-and-a-half-long, Sind- (undivided) Punjab, that an upper riparian province in India
Punjab water dispute. may take as much water as it needs from rivers flowing
"During the last hundred years under the guidance of through it, the Rao Commission headed by Sir B.W. Rao, of
British engineers, irrigation was greatly extended (in the Calcutta High Court, who latter became a Judge of the
Punjab-RBP) through the construction of head-work weirs International Court of Justice, opined in "the Report of
on the rivers and through a network of canals. Flourishing Indus Commission" (Para 49, Page 33), " pushed to its
colonies were established. Cultivation of cotton, wheat, rice logical conclusion, this means that a province in which the
and sugar cane was expanded. New towns sprang into head-waters of a great river are situated, can abstract any
existence. Orchards and well-tended farms covered the quantity of water and make a desert of the provinces or
countryside. More land is irrigated from the Indus rivers states lower down. We have already pointed out that this
than from any other river system in the world...one (dam) view is against the trend of international law and that in
planned before partition was the Bhakra Dam on the Sutlej any event, so far as India is concerned, it would conflict with
River in East Punjab...Before it was sanctioned, the down- the manifest intention of section 130 and the succeeding
stream Province of Sindh complained that the operation of sections of the government of India Act 1935." Commenting
Bhakra Dam would adversely affect the functioning of its on the principle of "equitable apportionment" of the river
inundation canals."("The Emergence of Pakistan" by waters, laid down by the Rao Commission, the former Prime
Chaudhri Muhammad Ali P: 317). This dispute attracted the Minister of Pakistan, Chaudhry Muhammad Ali says, at
intervention of the government of British India from time to pages 117-118 of his book " The Emergence of Pakistan":
5 6
"The Rao Commission laid down, as the principle governing people of all ethnic entities, nationalities and provinces are,
the respective rights of the parties, "equitable in the broadest general sense, more similar and identical
apportionment". This principle, which is internationally than dissimilar and contradictory. We have yet to realize
recognized as regulating the rights of states having a that ultimately, the things which divide us, are not as
common river basin, includes the rule that an upper important, for our collective good life and progress, as those,
riparian can take no action that will interfere with the which unite or at least should unite us. Consequently there
existing irrigation of the lower riparian." may not be too many people in Punjab who may know the
The one and a half century old dispute between Sindh, the fact that whatever grievances the people of Sindh, have, in
lower riparian and Punjab the upper riparian, over the this matter, are against the ruling classes not only of Punjab
sharing of the waters of the Indus and its main tributaries, but also of Sindh, and not against their brothers, the
the five rivers Jhelum, Chenab, Ravi, Bias and Sutlej, is common people of Punjab, the majority of whom, they
probably the longest surviving unresolved water dispute of believe, are leading a more or less miserable life, like
recent history. It has culminated in the weaker and lower Sindhis and other people of Pakistan and the third world.
riparian Sindh coming in the grip of a horrible water famine
It may therefore not be easy for them to realize how
and economic and social ruin. In the perception of many
absolutely impossible it is for the people of Sindh to have
people of Sindh, there is a real danger of virtual and
any feelings other than those of fraternal admiration and
physical extinction of the people of Sindh in the not too
respect for the people who have given our country and the
distant future, if the artificially imposed water-famine
sub-continent, such unique, grand and fascinating
conditions are perpetuated and/or more dams like the
personalities as, to name but a few, Baba Farid, Baba
Greater Thal Canal or Kala Bagh Dam take away even the
Nanik, Shah Hussain, Waris Shah, Alama Iqbal, Faiz
present meager supply of water to Sindh, as every drop of
Ahmed Faiz and yes, Nawabzada Nasrullah Khan, whose
water taken away from the down-ward flow of water of the
gigantic contributions to our common culture are a matter of
Indus river system, under any pretext whatsoever (e.g
great and just pride for all us.
prevention of wastage of water discharging into the sea),
will lessen Sindh's already vastly plundered water supply Under the circumstances, to the uninitiated general public
and will accentuate the acute water famine condition in of the country, the present imperiled condition of the
Sindh and accelerate its economic and social ruin. endangered human specie, named "the people of Sindh",
especially that of its agro-based rural population, dependent
A deep-rooted apathy about general public concerns and wholly and solely on the water of the now dried up Indus, is
cares dominates the minds of our common men. They are too just one of those unfortunate but inevitable things which
pre-occupied with and over-burdened, by their day-to-day keep happening to people in this unhappy world of ours,
personal struggles for sheer survival, to care about anything every now and then.
else. They have no means of knowing properly that in
human society even one's strictly personal and family The situation is hardly better even in the case of well
interests are inseparably inter-connected with and inter- educated and the newspaper reading sections of the public.
dependent upon, broader clan, group, ethnic, national, Due to a most persistent clever disinformation campaign of
regional and global interests. Very few of us know that the vested interests, the problem of the just settlement of
despite the entire variety and contradictions of our multi- the historic Sindh-Punjab water dispute, for resolving of
furious social and other interests, in the last analysis, the which the then government of British India appointed three
most fundamental, the broadest and biggest interests of our high powered authorities: The Cotton Committee in 1919,
7 8
the Anderson Committee in 1935 and the Rao Commission misappropriation and plunder in the face of international
in 1941, and which has defied the efforts of no less than four and sub-continental law of common river waters. They
committees and commissions appointed after the started diverting water on a grand scale with multiple canal
establishment of Pakistan, (Akhtar Hussain projects. The first one was the triple canal project for
Committee1968, Fazal Akbar Commission 1970, Anwrarul diverting the common waters through three new canals viz
Haque commission 1981 and Haleem Commission in 1983) Jhelum Canal, Upper Chenab Canal and the Lower Bari
is being merely reduced to questions of superficial and Doab Canal.
frivolous interpretations of the so-called water "accord" of
In spite of their strong imperialistic, anti-people and biased
1991 foisted through that notorious establishment puppet
strategies and cynical policies, the British colonial
Jam Sadiq Ali, the lota Chief Minister, which on its very
government in India did have some irreducibly minimum
face, does not address, the most fundamental core issues of
administrative decencies and moral restraints which, by and
the Sindh-Punjab water dispute 1859-2003.
large, they firmly held to, in the face of other strategic and
It all started in 1859, when the authorities of the undivided tactical considerations which indicated purely tactical and
Punjab, the upper riparian for Sindh, of Indus and its opportunistic courses of action.
tributaries, suddenly began diverting the waters, of Indus
They never utterly deserted that great banner of good-
tributaries without the consent required under
government, inherited by them from the Greco-Roman
International and sub-continental law of river waters, of the
civilization, the rule of law and not of persons.
lower riparian Sindh, which was sharing the waters of all
these rivers since times immemorial. In that year they The ruling class of the Punjab was the ally of the British
constructed the central Bari Doab Canal on the Ravi, since 1807 treaty of Amritsar with them. It was their junior
adversely affecting the water supply of Sindh. This proved to partner in their war of subjugation of surrounding Muslim
be merely the first shot in the one-and-a-half-century long areas and Afghanistan and later on, became the most loyal
predatory water-war the authorities of the province of swordsman of the British empire, having proved its super-
Punjab are waging against its poor and weak neighbor the loyalty to the empire, by helping it in a big way, in the
Sindh. It is an operation for misappropriating and suppression of the 1st Indian War of Independence in 1857,
plundering Sindh's share of common waters of the Indus for which it had been royally rewarded, besides other
River system by hook or crook, in hundreds of brazen as well bounties, by the then greatest irrigation system of Asia, the
as subtle and surreptitious ways. It has continued unabated Indus rivers irrigation system in Punjab.
till today.
"For Punjab - the.(British) imperialists and empire-builders
The latest shot is the on-going fast-track construction of the devised an entirely different scheme of exploitation. Punjab
Greater-Thal canal project, which is being dug day and was not naturally fertile and rich in water resources as
night to present Sindh with a fait accomplice, under a Bengal.
regime of military "democracy".
"Unlike Bengal, where large land holdings of the Muslims
After the Central Bari Doab, the upper riparian constructed were broken and parceled out to petty cultivators, in Punjab
between 1885 and 1901, three more canals viz Sidhnai, .the imperialists bestowed their patronage, in huge parcels
lower Chenab and lower Jhelum canals, all without the of canal-irrigated and thus perennially fertile land, to a new
consent of the lower riparian Sindh. Paharpur Canal in breed of landed Muslim aristocracy they had conjured up for
1908, upper Swat Canal in 1914 followed in similar fashion. their convenience. a century-and-a-half hence, we in
In 1915 they went over to a new stage of water Pakistan are still contending with that imperialist legacy
9 10
and paying a colossal premium in national disarray and "Cotton Committee reported the same year that (undivided)
political chaos for that 19th century 'convenience' . "The Punjab should not be allocated water from Indus till the
wounds of the Sepoy mutiny were still fresh. They (the effects of construction of the proposed Sukkur Barrage had
British-RBP) had succeeded in putting it down with the help not become evident."
of Punjabi mercenary soldiers recruited for them by petty
In September 1919 government of Punjab presented Thal
Muslim middlemen. So they showered their favors in spades
project as against Sindh's Sukkur Barrage project. The
on these middlemen when virgin land became cultivable,
Viceroy Lord Chelmsford rejected the Thal project.
thanks to the canals. Petty middlemen became aristocrats,
overnight. Naturally they were beholden to their masters According to Dispatch No. 3-Public Works dated 2nd June,
and readily became their pawns in the imperial game of 1927, from the Government of India to the Secretary of
rapacious plunder."("The Punjab Under Imperialism:1885- State for India.(P.1), in April 1923, the Sukkur Barrage
1947", by Imran Ali - Review by Karamatullah K. Ghori) Project was sanctioned by the Secretary of State for India
(See "Indus Water Allocation" by G. K. Soomro p.1). Within
Sindh was then the step-child of the Bombay presidency
a month of this, the Government of the Punjab protested
whose advanced and prosperous Hindu majority was loath
against what they regarded as a preference to Sindh and
to allow itself to be unduly perturbed by the woes of a far off
raised for the first time, the question of duties adopted for
piece of land, with a backward rural Muslim majority, like
the Sukkur Project. The Govt: of Bombay strongly objected
Sindh.
to this attitude on the part of the Punjab Government and
In spite of their obvious imperialist bias in favor of the contended that the Punjab had more than their share of the
Punjab, the British did not view the grave injustice being water of the Indus System for its schemes of perennial
done to Sindh like a spectator, nay, as an undeclared irrigation, while Sindh which at the time was a part of
partisan of the aggressive, stronger side, as the pseudo- Bombay Presidency, had not commenced a single one. They
federal government authorities of Pakistan have been and also complained against the Thal Project, and considered it
are doing. to be of the greatest danger to Sindh.
In the matter of historic Sindh-Punjab water dispute, the The Government of India fully considered the two protests
British Indian central government tried to do justice and to in a letter addressed by the Government of India to the two
ensure that it be seen by the world that the central Provinces on 21st August 1923.
government of India was really a central, non-partisan and It was pointed out that the Sukkur Barrage and Canals
impartial central government and that justice was being Project had been designed for the benefit of the region that
done between the big and small entities of the empire was fully entitled to the water, which was proposed to allot
without fear or favor, in matters of fundamental importance to it, and that its supplies must obviously be assured. It was
to the common people In the meantime, the authorities of also stated that the duties adopted in the Sukkur Project
the (undivided) Punjab did not keep sitting idle. In 1919, had been accepted, after careful consideration, as reasonable
they started the huge Sutlej Valley project for construction regard being had to the peculiar conditions and scanty
of 11 canals and 4 head works on the Sutlej river at one rainfall obtaining in Sind. The Government of India said
stroke. A complaint was lodged with the central government that they were not prepared to re-open the subject.(P.2)
of India, which appointed in the same year, a committee
headed by Mr.: Cotton. The (undivided) Punjab government To establish some sort of claim on Indus Waters the
adopted the stand that it had the right to use the waters of Government of the undivided Punjab, in November 1924,
rivers that pass through their province to the extent it is again re-opened the question of Thal Project, this time with
needed by them. a proposal to construct a small experimental Canal
11 12
involving 750 cusecs. While the Government of India were Govt: of Bombay to re-open the question of the duties at that
negotiating with the Govt: of Bombay, regarding this time and that the Government of Punjab should accordingly
request, they received, in September 1925, a communication be informed that he regretted that after full consideration
from the Government of the Punjab stating that they had he was unable to accede to their request.(P.2-3) The water
decided to drop the proposal for the experimental Canal and dispute between Sindh and Punjab had by this time reached
were desirous of proceeding with a bigger Thal Scheme. In such proportions that government of India was forced to
the following month the Government of India, which constitute an eight member committee, under the Chief
contemplated irrigating 8, 80,000 acres, with a withdrawal Engineer of UP, Mr. Anderson, with the clear and express
of 3085 cusecs from the Indus in the cold season, received direction that no fresh withdrawals (by the upper riparian,
the Thal Canal Lesser Project from the Punjab. In February, the province of Punjab) be recommended which may be
1926, Lord Reading's Government found themselves forced, detrimental to the other riparian or may adversely affect not
on grounds of equity, to support the stand-point adopted by only the existing but also the future rights of such riparian
the Bombay Govt: and announced their final decision as over the waters of the Indus waters. "(One of) the terms of
follows:- reference of Anderson Committee (was)... (2) "There is a
(a) That until such time as Sukkur Barrage Scheme comes possibility of finding such supplies [without detriment to the
into operation, and further experience of perennial parties interested in the waters of the Indus and its
Irrigation in Sindh is available, the question of the volume tributaries and the effect upon the existing or prospective
of water required for that scheme cannot be re-opened. rights of those parties of any fresh withdrawals,] the
authorization of which the committee may recommend." In
(b) That, faced as they are with the unknown effect of the the meantime the (undivided) Punjab authorities, [who seem
withdrawals which will be necessary for the supply of the to have made mass manufacture of schemes and projects for
Sutlej Valley Canals in the Punjab, the Government of taking away as much water from the Indus system as
Bombay have the right to object to further withdrawals from possible, their permanent occupation or rather an eternal
the Indus or its tributaries unless & until definite proof can passion, which continues till to-day and promises to
be given that the supplies necessary for the Sukkur Barrage continue as long as there is even a single cusec of water left
Project will not be endangered thereby. in the system, for going down-stream to the lower riparian,]
(c) That such proof must be based upon the result of more produced yet another massive project for the purpose, the
accurate gauging of the river and its tributaries, which were Bhakhra Dam project.
instituted as a result of Sir Thomas Ward's note of the 10th Since the Punjab authorities thus continued to plan for
December 1929. In spite of the above, the Punjab further extensive withdrawals and storages, the
Government continued to protest against the Sindh Government of Sind was compelled to lodge a complaint, in
Allocations. The Government of India then referred the
1939, before the Govt: of India, under the provisions of
matter to the Secretary of State and asked for his
Government of India Act, 1935, regarding the apprehended
instructions. The Secretary of State replied that he agreed
effects of the Punjab Projects on the canals in Sindh. The
with the conclusions of the Government of India, and that
complaint in its final form was submitted to the Governor
nothing but experience could show exactly what value
General of India on 7th June 1941. The Governor General
should be taken for those duties, and having regard to the
appointed a Commission on 11th Sep, 1941, to investigate
fact that Sukkur Canals have not yet even begun to irrigate,
the complaint. This commission had three members, with
no reason had been shown for reconsideration of the duties,
and it would be unreasonable in itself, and unfair to the Justice B. M. Rau, a Judge of the Calcutta High Court as its
13 14
Chairman, by whose name, the Commission has and the five Punjab rivers for canals, which existed in 1945
subsequently come to be known. as well as for all those, planned or projected. The Agreement
gives detailed schedules for sharing of supplies when the
The Commission concluded that the withdrawals necessary
availability of water in the river was less than the
for the Punjab Projects mentioned in the complaint, when
allocation. The Agreement also provides the framework for
super-imposed upon the requirements of other Projects
all future projects and sharing of all surplus supplies in the
already in operation or about to be completed, were likely to rivers beyond the needs of the then present and the
cause material injury to Sindh inundation canals
projected scheme.
particularly in the month of September.
As a result of this Agreement, the Punjab asked for a
The Commission recommended that the only satisfactory postponement of the reference to his Majesty-in-Council by six
way of preventing such injury was the construction of two months to enable the financial agreement to be reached.
new Barrages one in upper Sind and the other in lower Sind Obviously the Punjab signified their acceptance of the
costing about Rs. 16 Crores. The Commission further found Agreement on the Water Clauses to the Governor General. In
that Sind would not be able to finance these two Projects reply to this, vide Secretary to the Governor General (Public's)
without borrowing, even on the assumption that the Punjab D.O. No. 204/41-G.G.-(A) of October 1945, the Viceroy refused
would make a contribution of Rs. 2 Crores, which the the requested deferment, as this would have delayed the
Commission considered to be a not unreasonable sum for her construction work in both Provinces, and suggested that a
to pay as compensation for the damage to Sind Irrigation clause be inserted providing for arbitration on the financial
she was likely to do.(P.6) issue. Sindh agreed entirely with this stand-point, vide.
Secretary to Governor's D.O. No.1001 dated 7th November
The Commission directed Punjab authorities not to take any 1945. Former Chief Engineer and Irrigation Secretary of
action on their proposed project up to October 1945 and in Punjab Mr: Pir Mohammad Ibrahim in his book "Water rights
the meantime it directed both the governments of Sindh and of West Pakistan" wrote in 1948, at page 66 of his book, "The
Punjab to come to an agreement. In the meantime status draft agreement between the Sindh and United Punjab on the
quo was ordered with regard to the distribution of water clauses of which the Agreement was arrived at after very
between Punjab and Sindh. On the orders of government of careful consideration, Gives the fairest possible distribution of
India, the Chief Engineers of Sindh and Punjab started Indus waters between the Sindh and Punjab..."
negotiations under the guidance and supervision of Sir
Claude Angles, the director of central irrigation and Hydro The united Punjab government duly confirmed the
Dinlock Research at Poona, Bombay Presidency. agreement. Its only reservations were about the amount
payable by it under the agreement to Sindh. Its letter
At last on 28 September 1945, the Sindh-Punjab draft dt.13.10.1945 to Sindh Government on the subject makes it
Agreement was finalized which was signed by the Chief abundantly clear that the Punjab government fully agreed,
Engineers of both the provinces. According to that without any reservation whatsoever, with the terms of
agreement, at Ghazi Ghat Punjab was to take one share distribution of water between the two provinces under the
from the Indus and Sindh was to get three shares. Article 8 agreement. The letter states inter alia:-
of the agreement laid down that in future Punjab could not
construct any dam on river Indus or on any of its tributaries "From
without the consent of the government of Sindh. E.L. Protheroe, Esquire, I.S.E.,
The Sindh-Punjab Agreement fixes priorities and provides Secretary to the Government, Punjab,
the framework for sharing all the waters of the Indus main Public Works Department, Irrigation Branch.
15 16
To, Indus Report under the guidance of West Pakistan WAPDA
dealt with Sind-Punjab Agreement in their 1966 Report. In
The Secretary to the Government of Sindh,
Finance Department, Karachi. this "Lower Indus Report Part 1, Chapter 3.5 at Page 47 the
No.013 Cn. Dated Lahore, the 13th October 1945. company has stated:-

SINDH PUNJAB INDUS DISPUTE "For many years prior to Independence, the Sind
Government was very concerned that lest excessive
Sir, quantities of water be diverted in the Punjab and Sind in
I am directed to acknowledge receipt of your letter No.1442- the process deprived of its rightful share.
W. And S., dated 2nd October 1945, regarding the above and "It was not until 1945 that an equitable solution was found
to say that the contents thereof have received the careful when the 'Sind-Punjab Agreement' regarding the sharing of
attention of the Punjab Government. the waters of the Indus and the five Punjab rivers' was
2. I am to confirm that the tentative agreements reached by signed. Although the Governments making this Agreement
the engineer representatives of the two governments in their have now passed into history, yet, the Agreement is still
recent discussions at Karachi is acceptable to the Punjab operated." (P.146)
government, provided it is a accompanied by a satisfactory "This Agreement was the first of its kind, in the known
solution of the financial issue." "This Agreement has been history of sub-continent when sensitive riparian, problems
followed, both in letter and spirit, right up to the break-up of has been solved by mutual agreement and acted upon
One Unit. This can be seen from the fact that all actual mutual agreement for a very long time. Sind-Punjab
distribution of supplies during the period was made on the Agreement of 1945 is thus an instrument of great
basis of this Agreement. significance and cannot be brushed aside as advocated by
"When the Government of the Punjab proceeded to construct the Punjab (authorities). In fact by distribution of waters for
a large capacity B.S Link, it evoked a protest from the all these years on the basis of Sind Punjab Agreement, the
Punjab has established its rights only up to the allocations,
Government of Sindh and the Punjab Government had to
contained in the Agreement.(G.K. Soomro, ibid, P.53) No
limit the size of link within the capacity permitted by the
life-processes can proceed in an absolute vacuum. Besides
Sind-Punjab Agreement, Similarly, the Sind Government
the Sindh-Punjab water dispute, there were many other
proceeded to construct the G.M. and Gudu Barrages as
inter-connected inter-dependent and inter-penetrating socio-
envisaged in the Agreement, without any protest from the
political processes in India which were not at all at a stand-
Punjab. When the late Mr. Gazdar, Member of the Central
still at all this time. The intensely religious and revivalist
Legislature, and himself a competent Engineer, protested well-wisher and supporter of the British empire and the
against the Punjab proposals for various links on the floor of great freedom fighter Mahatma Gandhi had taken-over the
the Central Legislature, the Government of Pakistan gave a Congress from the slow-going moderate liberal and secular
positive assurance to the Sind Government that no works Parsi group of Bombay long ago. The impetus given to
outside the Sind-Punjab Agreement would be allowed to be efforts for Indian national unity by the 1916 Lucknow Pact
constructed, without full consultation of the Government of had become a thing of the past. The 1928 All Parties
Sind. (See the Government of Pakistan D.G Letter No. P-19 Conference for Indian unity at Calcutta had miserably
(67)/53 dated 26th March, quoted by G.K. Soomro, "Indus failed. In his presidential address to the 1930 Allahabad
Water Allocation", History of the Case, P.144)." "Messrs Conference of the Muslim League, Allama Iqbal gave a call
Hunting Technical Services Ltd., which prepared the Lower for the administrative grouping of Muslim majority
17 18
provinces / regions viz Punjab, Frontier, Sindh and haughty behavior with its peoples, apparently regard
Baluchistan within British India. But the proposal met a themselves as the virtual authorized agents and successors
cold response from the Muslims of Frontier, Sindh and to the British Raj directly inheriting the state of Pakistan
Baluchistan. along with its powers and resources from that Raj, as a
reward, for past services to the Raj in and beyond India.
There were weighty historical reasons and grounds for the
same. The rest of Muslims of India especially those of the Incidentally, not a few Punjab elites and authorities, rather
Muslim majority neighboring territories of Punjab viz than dissociate themselves from the high-handed,
NWFP, Baluchistan, and Sindh, were not exactly happy aggressive doings of the Sikh State against its neighbors,
with what they perceived as the aggressively lost no opportunity of proudly owning them as their national
collaborationist role of the Muslim elites of Punjab under heritage, going to the extent that they sometimes are known
the Sikh and British rules. As for Sindh, it could not be to have reckoned sub-continental history from the time of
forgot that during the Sikh rule Punjab elites kept Ranjit Singh only, forgetting all that was and went before
constantly menacing Sindh and trying to subjugate it. him in the preceding centuries. Consequently in the historic,
Besides its obvious weakness as compared to the British basic document of Pakistan, the 1940 Lahore Resolution,
might, it was the constant, ruthless pressure of Punjab subsequently named the Pakistan Resolution, there was
rulers, which made Sindh absolutely helpless before the absolutely no mention of Pakistan or for that matter of any
British machinations leading to its eventual subjugation by single, united state of the Muslims of undivided India.
the British in 1843 (see "Sindh Since Centuries"- Ranjit Through this historic 1940 resolution, therefore, the crores
Singh's relations with Amirs of Sindh, P. 260). During of Muslims of undivided India voiced their unanimous
British rule, Punjab elites and bureaucracies did not give up historic demand that the Muslim majority provinces of India
attempts to get Sindh annexed to British Punjab. Besides as viz Bengal, Punjab, Sindh, NWFP and the territory of
mentioned above, Sindh had the longest and bitterest Baluchistan, the homelands of Bengalis, Punjabis, Sindhis,
experience of the extremely negative attitude of the elites of Pashtoons and Baloch Muslims of India should be made
Punjab in the matter of the wholesale plunder of its share of independent and sovereign states.
the water of the Indus system of rivers. Hence it did not
trust the elite of the most powerful Muslim majority It was happened for the achievement of the above five
province of united India and could not afford to throw the independent and sovereign Muslim states in the Indian sub-
fate of their resources, rights and liberties at the mercy of a continent that after the passage of the 1940 Lahore
united province totally dominated by those most favored Resolution and the fixation of the above grand goal the
elite of the British Indian Empire. crores of Muslims of the sub-continent waged a historic
valiant struggle for independence which along with other
For the preponderant majority of the Third World political forces of the country shook the foundation of the
Countries, independence, unfortunately, is almost a myth. British Empire.
In most of such countries the direct rule of the British,
French, Dutch, Portuguese, Spanish and American In the mean time, All India elections were announced for
imperialists was replaced by the indirect rule of US 1946. The Muslims of India duly seized this opportunity and
imperialism, through the old imperialist elites and massively voted for the Quaid-e-Azam and Muslim League
bureaucracies of these formally liberated countries. There who promised them these independent and sovereign
has been no dearth of people in the Pakistan ruling class homelands and thus compelled the British Government and
who, judging by their entire attitude to Pakistan and their the Congress to recognize Muslim League as the sole
19 20
representative of the Muslims of India and a power to be virtually the owner and master of the newly established
reckoned with, for deciding the future fate of India. As it Muslim state of Pakistan and all its resources, including the
happened, the elected Muslim representatives of India after common waters of the Indus river system. They seem to
their elections in 1946 did not honor this electoral mandate. have guessed that on this old, old vital issue, they would
They decided to substitute a single state for the proposed soon be able to out-wit, out-maneuver and brow-beat Sindh,
five independent and sovereign states. Incidentally this was bring it on its knees and, in due course, misappropriate the
the first major historic and fateful violation of the declared bulk of the waters of the Indus and its tributaries. In any
mandate given by Muslims of the Indo-Pak Sub-continent to case they took a sudden U turn and one-sidedly refused to
their elected representatives through their massive vote, ratify the 1945 Punjab-Sindh Water Agreement, so
which tradition has been regularly followed in later times painstakingly hammered out, after prolonged negotiations
till today, with fatal results like the debacle and betrayal of under the constant prodding of the British Indian central
East Pakistan by military usurpers and their puppet government.
politicians.
The Punjab authorities non-chalantly dismissed their
To allay the well-founded grave apprehensions of the four historical U turn, in a couple of innocuous and innocent
provinces and Baluchistan, it was declared that the sentences.
proposed single state would not be a unitary but a genuine
federal state, consisting of five autonomous provinces with "The two Chief Engineers of the Irrigation Department of
real equal rights for all provinces. It was judged that the the Punjab and Sindh started discussions prepared a draft
presence of the preponderant numerical superiority of in 1945. (Which) could not be ratified?" (Indus Water
Bengali Muslims would never allow any one to dominate the Committee, January 1971, The Punjab Brief P. 54)
whole country or its western half in the periphery of Punjab. Whenever there is a partition between countries, new
This totally unexpected new prospect of a single Muslim arrangements for the division of the common assets have to
state brought a sudden veritable sea- change in the thinking be made.
of the Punjab elites and authorities. In 1947, at the time of partition between India and
The Punjab elites and authorities who, because of their Pakistan, a committee was constituted by the government of
stead-fast and powerful military and political support to the India named committee B, for making arrangements for the
British Empire dating back to 1807 Amritsar Punjab-British division of the waters of Indus basin rivers between the two
Treaty, were closer to the imperial government than those of countries.
any other province, possibly soon sensed, after the above The governments of India and Pakistan were required to place
change in the prospects of the Muslims of India, that the their problems regarding the distribution of water before this
British rule might not last very long and partition may not committee. If any side was to be dissatisfied with the decision
be far off. They seemed to have surmised that after the end of this committee, it could appeal to the Arbitral Tribunal,
of the period of the relatively fair and impartial legal which was headed by the Chief Justice of India, Sir Patrick
supervision and protection of the British rule, Sindh was Spense. The Tribunal's tenure was up to 31st March 1948. As
bound to succumb to the future unrestrained and irresistible stated above, the then West Punjab province and Sindh both
pressure of the elites and authorities of Punjab as in the were getting water from all the rivers of the Indus system.
radically changed post-partition circumstances, Punjab was,
instead of remaining the respondent and accused in the In the case of matters regarding these waters, before
dispute, as before, most likely, overnight, to become partition, both these provinces were respectively the upper
21 22
and lower riparian, co- sharers and beneficiaries of these More than twenty centuries back, the Roman law declared all
waters. Because of the partition of India and Punjab and adverse decisions taken behind the back of concerned and
constitution of the new provinces of West and East Punjab affected parties, as illegal. Their law said in Latin "Audi alteram
from the pre-partition united province of Punjab, the Indian partem" or "hear the other (affected and concerned) party."
province of East Punjab is now the first and upper-most co- The British law says the same thing in a different phrase,
sharer (riparian) of Indus tributaries, Ravi, Bias and Sutlej. "No one should be condemned unheard". Is it Islamic or any
Similarly, the Pakistani provinces of Punjab and Sindh are other civilized legal system, you simply cannot take any
co-sharers No 2 and 3 respectively. Pakistani Punjab is the valid decision behind the back of the other interested,
lower riparian of Indian Punjab and Sindh is the lower concerned and affected parties. It will be illegal and immoral
riparian and co-sharer of both the Indian and Pakistani and not binding at all upon the party against whose rights
provinces of Punjab. Thus as between these two provinces, and interests such illegal decision is taken.
both Pakistani Punjab and Sindh are equally interested, The law of India and Pakistan is absolutely clear on this
affected and necessary parties in all questions, matters and vital and fundamental point of administration of justice. It
disputes, both internal and external, pertaining to the calls this principle viz that no valid and binding decision can
waters of the Indus river system. Consequently as between be legally taken against the interests of any one, without
these two provinces, without prejudice to the rights and giving him a full opportunity to present his own point of
interests of any other interested and entitled party, all such view, as a principle of natural Justice. No matter whether a
questions, matters and disputes were/are legally and law does or does not say so, it has been a superior law
morally, under international law as well as the law of the recognized by all civilized judicial systems of the entire
sub-continent, the equal common concerns of both the above humanity, it is binding on all decision-makers, with or
riparian, co-shares, beneficiaries and interested and affected without any express legislation to that effect by any
parties viz the then province of West Punjab (now Punjab) legislature.
and Sindh. As such, none of them, neither West To mention only a few decisions of the superior courts of
Punjab/Punjab nor Sindh by itself and alone, had any right Pakistan, in 1959 in the case of Chief Commissioner Karachi
under any law, whether national or international, to and another (PLD 1959 SC 45) the Supreme Court of
negotiate or decide such questions with a third party behind Pakistan observed: -
the back of the other. "The above rule of natural justice (that an adverse decision
If any negotiations were carried on and decision were made behind the back of a concerned party has no legal validity-
in such matters, under the circumstances, with any third Rasool Bux Palijo) is not confined to proceedings before courts
but extends to all proceedings, by whosoever held which may
party with the participation of only one interested and
affect the person or property or other rights of the parties
affected party without and behind the back, of the other concerned in the dispute. As a just decision in such
interested and affected party, whether Punjab and Sindh or controversies is possible only if the parties are given the
any one else, such negotiations and such a decision had and opportunity of being heard...” [1994 S.C.M.R 2232 (2238)].
has to be regarded, under all civilized legal systems
throughout the world, as illegal, without jurisdiction, of no In the case of Maryam Tousif (PLD 1990 SC 666) the
legal effect and void ab–initio i.e. as having no legal Supreme Court of Pakistan observed:-
existence from the very beginning. It could not be binding on "From the above stated cases, it is evident that there is
the party deprived of participation and representation judicial consensus that the Maxim "audi alteram partem" is
whether it be Punjab and Sindh or any one else. applicable to judicial as well as to non-judicial proceedings.
23 24
In the case of Dr: Nusratullah Chaudhry [PLD 1994 Lah Sindh on Pakistan side. But the federal government of
353 (358)] the Lahore High Court has said: Pakistan appointed Ministers and Officials of West Punjab,
riparian No.2, as the sole representatives of Pakistan to
"It is an established principle of law that no man shall be
negotiate and decide with India, the riparian No.1, behind
condemned unheard. It has been repeatedly held by the
the back of Sindh, riparian No.3, matters of the division of
Superior Courts that the rule of natural justice embodied in
waters of Indus basin between India and Pakistan.
the maxim “audi alteram partem" is not confined to
proceedings before courts but extends to all proceedings by Thus with a single ruthless stroke of the pen a long historical
whosoever held which may affect the person or property or chapter, that of the tradition of the British imperial rule over
other rights of the parties concerned in a dispute". India in which all provinces had approximately equal rights,
could look up-to the central government for redress and
In the case of Mst: Qaisra Illahi ( PLD 1995 Peshawar 22) the
protection against the high-handed actions of more powerful
Peshawar High Court decided that if any decision is made
neighboring provinces, was to be closed. The times when the
behind the back of an affected party, the law will treat such a
Punjab authoritie’s almost permanent and regular plunder of
decision as having no existence at all. The Court has said:
common waters could be regularly challenged, when that
“It is a well-settled legal proposition that any order passed central government stayed further adverse action and got
in violation of "audi alteram partem" (no body is to be hammered out mutually beneficial compromises and
condemned unheard) would be a nullity." agreements like that of the 1945 agreement, had gone for
good, making a keen and sensitive observer of Indo-Pakistan
In order to deal with the matter of fair and equitable
history commiserate, in spite of all other just negative
division of water assets of undivided India, after the
observations and sentiments to the contrary, with the Poet:-
partition of the sub-continent, between the new states of
India and Pakistan, each country had to appoint its team of Like the dew on the mountain,
representatives to negotiate a settlement. In view of the Like the bubble in the fountain,
above factual and legal position, Pakistan had to appoint a Thou art gone and gone for ever!
team of negotiators from both of the Pakistani riparian, and
The people of all the smaller/weaker provinces of Pakistan
co-sharers of these waters viz the provinces of West Punjab
have, through their bitter experience over the last half a
and Sindh, which had to represent, not technically and
century, come to know now, to their great sorrow and pain,
formally only, but in fact and genuinely, the interests and
that Pakistan state is a democracy and a federation only in
view-points of both the riparian sides, who had remained
name, is being virtually run as one unit and as a colonial
locked in conflict for nearly a century over this very vital
autocracy and that where and when, there is any conflict of
and crucial matter and further, which had to reconcile these
interests between the vested interests of the neo-colonial
opposing interests and view-points in the larger interests of
masters and their local representatives the ruling classes of
the good of the whole country.
the dominant province, on the one hand and those of the
Thus, in order to be just and proper, valid and legally people of the rest of the provinces on the other, there and
binding, all negotiations with India regarding the commonly then, the so-called Federal Government of Pakistan,
owned and used common waters of the Indus river system dominated by what-ever civilian or non-civilian sub-servant,
viz Indus, Jhelum, Chanab, Ravi, Bias and Sutlej, affecting autocratic and dictatorial clique, would, in utter disregard of
the respective interests of the two provinces at dispute, were the common permanent and fundamental interests of all the
necessarily to be held by all the three riparians viz the deprived and oppressed people of the whole country,
province of East Punjab on Indian side and West Punjab and including those of the vast majority of the people of the
25 26
province of Punjab, throw off their federal disguise, wipe out Tribunal at all, no stay order was obtained from it till the
the democratic make up and appearing in their true tenure of the Tribunal expired and as a result, India, which
partisan colors and shouting slogans of "Solidarity of had become, in the meantime, thanks to the Radcliffe Award,
Pakistan" "Glory of Islam" or "Save Pakistan from internal the owner of two head-works of Pakistani canals, was enabled
and external dangers" or would pounce upon the weak and to stop from Indian side, the flow of the water from the
helpless common people of the dominated, nominally eastern Indus basin rivers into two canals of Pakistan.
autonomous provinces and throttle them into submission
Thus the representatives of the then West Punjab, one of the
and silence.
two affected and adverse lower riparian sides (Sindh and
But at the time, not all people fully understood this sad and Punjab), whose water supply had been put in danger by the
tragic reality or the sordid motives and sinister implications Radcliffe Award, did not take the normal elementary
of the above preposterously illegal and abhorrently unjust precautions which even a muffusil lawyer of Tahsil level
decision of the federal government of the time. No body would have been expected to take, under the circumstances.
could have any inkling as to what havoc of what gigantic Of course, their legal representative before the high-powered
proportions was intended to be played, stage by stage, in the Tribunal, presided over by the Chief Justice of India, was no
coming years and decades, with the people of the province, muffusil lawyer of Tahsil level. He happened to be none
which gave India the freedom fighter, the Muslims of India
other than the Attorney General of Pakistan, the highest
the leader and Pakistan the founder like Quaid-e-Azam.
law officer of the State of Pakistan.
"The partition of Punjab cut across the rivers and canals of
Choudhry Mohammad Ali observes in his above-mentioned
the Indus Basin irrigation system, making India the upper
and Pakistan the lower riparian. Among the official book: "Despite the fact that the Radcliffe Award had placed
committees appointed to deal with the various problems the control of head-works vital for Pakistan in the hands of
arising out of the partition of the Punjab was committee B. India, the west Punjab government remained content
This committee consisted of an equal number of officials from because of the agreement reached by committee B and the
East Punjab and from West Punjab, and was charged with Punjab partition committee, that the pre-partition shares of
settling questions of the future management of joint assets, water would not be varied. No formal document specifying
the division of other physical assets and their valuation. The the precise shares of East Punjab and West Punjab in
report of committee B came up before the Punjab partition irrigation waters was drawn up and signed. The West
committee, presided over by the Governor and consisting of Punjab ministers and officials felt assured by the repeated
ministerial representatives of East Punjab and West Punjab. declarations of their counterparts in East Punjab that there
The partition committee accepted the matters on which was no question of any change in the pre-partition
committee B was in agreement, namely that the pre-partition arrangements for canal waters. The East Punjab
shares of West Punjab and East Punjab in the canal waters representatives before the Arbitral Tribunal also made the
would be maintained. The partition committee, like same declarations, when the disputed question of the
committee B, was, however, unable to agree on the valuation valuation of the canal system came up for a hearing.
of the canal system, and it was decided to refer this question, Actually, as events showed, the East Punjab ministers and
to the Arbitral Tribunal." (Chaudhry Muhammad Ali "The officials were planning a deadly blow against Pakistan and
Emergence of Pakistan" P.318) were lulling the West Punjab government to sleep with
But strange to say, this most sensitive and grave matter of sweet words. They were waiting for the day when the life of
most vital national interest was not pursued in the Arbitral Arbitral Tribunal had to come to an end on March 31, 1948.
27 28
"On April 1, 1948, the day after the Arbitral Tribunal ceased Bias and Sutlej, abjectly signed an strange agreement
to exist, the East Punjab government cut off the water literally and admittedly dictated by India, obediently paid
supplies in every canal crossing into Pakistan. These seigneovage money, thereby legally acknowledged India as
consisted of the central Bari Doab Canal System, the the legal owner of these rivers and got temporary
Dipalpur Canal System, and the Bahawalpur State restoration of the supply of water on the explicit condition
distributaries. "Of this action, Sir Patrick Spens, Chairman of that the supply will be gradually decreased and finally
the Arbitral Tribunal, said before the joint meeting in London stopped after some time!
of the East India Association and the Overseas League of
"Under the distressful circumstances, a delegation was sent
February 23, 1955: 'I remember very well suggesting whether
from Pakistan to Delhi in the beginning of May, 1948, to
it was not desirable that some order should be made about
seek a solution to the problem. The delegation was led by
the continued flow of water. But we were invited by both the
Ghulam Muhammad, the Finance Minister of Pakistan and
Attorney-Generals [of India and Pakistan] to come to our
included two ministers from West Punjab- Shaukat Hayat
decision on the basis that there would be no interference
Khan and Mumtaz Daultana. At the meetings in Delhi, East
whatsoever with the then existing flow of water, and the
Punjab representatives insisted that they would not restore
award which my colleagues made, in which I had no part,
the flow of water to the canals unless West Punjab
they made on that basis. Our awards were published at the
acknowledged that it had no right to the water. To this the
end of March 1948. I am going to say nothing more about it
representatives of West Punjab could not agree. The
except that I was very much upset that almost within a day
Pakistan proposal that the two governments should submit
or two there was a grave interference with the flow of water
their differences to the arbitration of the International
on the basis of which our awards had been made.'
Court of Justice was not acceptable to India. There was an
".East Punjab now contended that Pakistan had no right to impasse. Ghulam Mohd appealed to Mountbatten who
any water and demanded seigneorage charges as a condition consulted with Nehru. A statement was then placed before
for reopening the canals. There was acute distress, which, Ghulam Mohd, and he was asked to sign it without changing
with every day that passed, became more intolerable. In a word or a comma - a condition for restoring the flow of
large areas where the subsoil water is brackish there was no water.
drinking water. Millions of people faced the ruin of their "On May 4, 1948, the statement was signed by Ghulam
crops, the loss of their herds, and eventual starvation due to Mohd and two West Punjab ministers on the one hand and
lack of water." (Incidentally the existing situation in Sindh by Nehru and two East Punjab ministers on the other.
created by the artificial water-famine imposed upon Sindh,
is a hundred times more severe and disastrous than "Though India restored the flow of water to the Dipalpur
described above but this time the people facing " the ruin of canal and the principal branches of the Central Bari Doab
their crops, the loss of their herds and eventual starvation canals, water was still withheld from the Bahawalpur state
due to lack of water" are merely the people of poor Sindh.) distributary and nine lesser distributaries of the Central
Bari Doab system. Eventually, considerable areas in
Indian Punjab adopted the posture of an aggressive bully Bahawalpur State reverted to desert. Notwithstanding the
and Pakistani Punjab adopted that of village simpletons, compulsion under which the arrangement was signed,
trudging home on foot, after being robbed by big-city cheats Pakistan performed its part and deposited in escrow the
of the last penny of their back-fare, the latter duly raised an sums specified by the Prime Minister of India."(P.318-321)
anguished hue and cry, promptly marched to Delhi, But Sardar Soukat Hayat Khan, the then Minister of the
instantly acknowledged India as the master of Ravi and government of West Punjab, who was among the members of
29 30
the team of West Punjab which negotiated with the East RBP)"(ibid, p.204) Pakistani west Punjab authorities not
Punjab authorities about division of common water assets only did not utilize the bilateral legal avenue of recourse to
between India and Pakistan, expressly admits that the the Arbitral Tribunal in order to prevent the stoppage of
Pakistani West Punjab authorities deliberately decided to by water by India, but also took no recourse to the
pass the Arbitral Tribunal, entered into direct negotiations international legal forum of the World Court at Hague after
and made an undeclared deal with the authorities of the the stoppage of water though it was claimed that no such
East Punjab at the meeting of the two sides at Jallandhar court could refuse to give relief under International Law in
and arrived at an unspecified agreement, the terms of which such a clear case as that of Pakistan. Various half-hearted
he does not choose to reveal. and superficial efforts have been made to pass off this
secretive and mysterious, apparently and admittedly
"The Division of Assets Committee had been in East and
disastrous series of misconduct by the concerned authorities
West Punjab and met alternately at Lahore and Jallandhar,
as innocent errors of judgments, undue credulity and mis-
the temporary capital of East Punjab. The rules were that,
placed trust, rather than to identify, recognize, condemn and
in case of difference between us, the case would be referred punish it as an ingenious, deep and dark intra-Punjab
to the Arbitral Tribunal headed by the chief Justice of India, conspiracy to deprive, their traditional adversary, the lower
Sir Patrick Spens. "The question of division of water riparian of the Indus rivers, the province of Sindh, of its
between India and Pakistani Punjab was to be decided at a remaining share of the waters of the rivers of the Indus
meeting to be held in Jallandhar. I attended this particular system and divide the loot among the two sister Punjab
meeting along with the secretory-cum-Chief Engineer of the provinces viz provinces of West and East Punjab.
Irrigation Department Mr: Abdul Hameed, and the Chief
Secretary, Hafiz Abdul Majeed ICS. The next day we had to Mr. Muhammad Ali tries to take the acts of all those
tackle the matter of the division of water on which our responsible for this disaster very lightly and explain away the
economy entirely depended. We discussed it amongst our sordid and heinous affairs and the hand-made "disastrous
own party and came to the conclusion that even if we took consequences for Pakistan" created by the West Pakistan
this problem to the Arbitral Tribunal and got a favorable authorities by attributing them to such categories of petty
decision, how were we going to get it implemented when the wrong-doing as mere "neglect of duty", "complacence" and
Head works had been unfairly allotted to India, in the so- "lack of prudence" on the part of Pakistani West Punjab
called Radcliffe Award. Therefore, we decided that we authorities on the one hand and to the Machiavellian
should find a via media to share the expenses of running the duplicity of the Indian East Punjab authorities on the other,
Head works and part of the canal system located in the East in keeping up with our well-tried and tested and brilliantly
Punjab... The Hindus, after long discussion, came to an successful policy of portraying ourselves, to our entire
agreement." ("The Nation That Lost its Soul" by Sirdar satisfaction, as innocent "Babes in the woods", after
Shaukat Hayat Khan-P: 202-203). committing every conceivable inhuman and treasonable act
against the nation and the people and every crime against
"Thereafter the Government of India called a Conference at Man and God e.g. debacles in Kashmir, 1965 and 1971 wars,
New Delhi. Mr. Ghulam Mohammad, who was on fairly good massacres of our own citizens in East Pakistan and our
terms with the Indians, was to lead the Pakistan delegation; continuing and unending disastrous adventures in
Mian Mumtaz Daultana and I were the other members of Afghanistan.
the Pakistan Team. Pandit Nehru took up a stiff attitude
but both of us from the Punjab refused to budge from the “On the side of East Punjab there was Machiavellian
Agreement we had arrived at Jallandhar.(Italics mine- duplicity. On the part of West Punjab there was neglect of
31 32
duty, complacency, and lack of common prudence which had the pretended compulsions of the circumstances in order to
disastrous consequences for Pakistan." [The Emergence of save West Punjab from a most terrible catastrophe. Mr.
Pakistan" p.319 by Chaudhary Mohd Ali]. Noon rules out, as useless, the other legal and then
available, highest forum for settling disputes about division
This apparently strange attitude is not confined to Mr.
of waters between India and Pakistan in the normal course
Muhammad Ali alone. The other stalwart of Punjab
viz the International Court at Hague, though he concedes
Government at the time, Sardar Shaukat Hayat Khan also
that, that forum was bound to rule in favor of Pakistan
dismisses the grave dimensions of the disaster and the
under the clear international law upholding the rights of
unpardonable culpability of all those responsible for it in a
lower riparians. Referring to the "sudden" stoppage of water
few formal lines, as if, such occurrences can only be
supply to West Punjab from East Punjab in April 1948 by
regretted as unavoidable though unfortunate mistakes.
Indians, Mr: Noon says: “The water dispute though not as
“Alas, in keeping with their (Chanakien) philosophy, they important as Kashmir, has now been settled. In 1947, when
(the East Punjab Government authorities) reneged later, a India stopped the water from the Ravi and Beas, a large
day after the end of the Arbitral tribunal. They stopped our number of our cattle died of thirst and fields remained
share of the water...From the headwork at Madhavpur...and uncultivated. The magnitude of our dependence on these
Ferozpur headwork. This came as a deep shock to me." ('The rivers was brought home to us. It was one of the most illegal
Nation That Lost Its Soul' P.203) and crude methods that India could have tried, to bring us
to heel. India always resisted any suggestion of ours to go to
Malik Feroze Khan Noon the ex-Chief Minister of West
the International Court of Justice at the Hague, because no
Pakistan and ex-Prime Minister of Pakistan also justifies
Court could have denied us our riparian rights of the waters
indirectly, in his book "From Memory" the secretive and
of the Eastern Rivers. But what is the use of winning suits
undeclared practical by-passing of the Arbitral Tribunal by
in Court, if such a decision cannot be backed up by the
the authorities of both provinces of Punjab which (a) enabled
physical power to enforce it..."("From Memory" by Feroz
them to avoid and prevent the issuance of stay order against
Khan Noon, p. 263)
possible stoppage of water flow to Pakistan (b) provided the
excuses which both sides needed to fulfill the requirements It is the contention and the case of the people of Sindh that
of their common criminal conspiracy against the people of the authorities of the upper/middle riparian, the Pakistani
Sindh and Pakistan in the matter i.e. to the Indian East province of West Punjab (the upper and lower riparian after
Punjab side the planned excuse for stopping the flow of partition, being Indian province of East Punjab and Sindh
water to Pakistan and to the Pakistani West Punjab side the province of Pakistan respectively), took the following among
planned excuse for raising a hue and cry about devastated other, malicious, illegal actions in furtherance of their
fields and cattle dying of thirst etc, thus totally side tracking criminal conspiracy among themselves and with their
and practically eliminating from the agenda of division of former fellow-provincial Indian authorities of East Punjab to
common waters, the above mentioned1887-1948 Sindh- misappropriate the bulk of the waters of the rivers of the
Punjab water dispute and Sindh's rights on the common Indus river system to the virtual exclusion of Sind, the lower
waters and setting up a totally new stage and scenario for riparian, the lawful co-sharer and beneficiary of these
misappropriating and dividing among themselves alone the common waters.
common waters of Pakistan (c)provided an excuse for
treasonable implementation of the terms of the secret 1. Behind the back of Sindh, they illegally and wrongfully
conspiratorial Jullandhar deal under the cover of helpless entered into a colossal, undeclared, secret and surreptitious
unavoidable surrender by West Punjab authorities under collusive deal with the above-mentioned authorities of the
33 34
eastern Indian fellow inhabitants of former undivided India, for a stay order to ensure continued flow of the then
Punjab, treating the international Indo-Pak problem of the existing supply of waters to Pakistan pending final decision
just and equitable division of Indus basin water between of the whole matter.
India and Pakistan as an exclusively internal family affair
6. They never revealed the agreement that they had
of the inhabitants of the old province of pre-partition,
admittedly arrived at secretly with the East Punjab
undivided Punjab to the exclusion and detriment of the
authorities at Jullundher about the division of water assets
fundamental rights and interests of Sindh and the whole of
between India and Pakistan.
Pakistan.
7. In order to provide a fig-leaf cover for their conspiratorial,
2. The totality of their behavior and actions subsequent to
anti-Sind, Anti-Pakistan Actions, they invented and
this illegal, secret, fraudulent And collusive deal irrefutably
obliquely peddled a fictitious excuse expressed through
proves that as per the requirements of the success of the
seemingly incidental remarks of different leaders trying to
above conspiracy, their object was to create an artificial explain the reasons for their authorities for not taking the
major water crisis between India and Pakistan and a normal, proper and agreed course of action of putting their
consequent artificial serious threat to regional and world case properly before the officially created Indo-Pak Arbitral
peace, hence under the pretext of averting the above Tribunal, and for not obtaining from it a proper stay order
artificially created fictitious threat, the Indian accomplice in against possible sudden stoppage of water by India.
the above conspiracy, the authorities of the East Punjab
illegally and unjustly got among other things, three entire 8. This obliquely and impliedly offered excuse was that it
rivers of the Indus system just for pea-nuts and the other was useless to go to the Arbitral Tribunal because its
accomplice the authorities of the then West Punjab, got decision could not be implemented against powerful India.
among other things, the control and virtual ownership of the 9. Every one knows that India had not suddenly become far
three remaining rivers to the virtual exclusion of Sindh and bigger and stronger than Pakistan over-night, in the
billions worth of engineering works constructed ostensibly beginning of the year 1948. The land, people and resources
for the whole of West Pakistan but in reality for itself of the territories comprising the new states of India and
exclusively at the expense of whole of Pakistan. Pakistan were never equal. Those of the territories
3. In accordance with that deal, they did not present the just comprising the present state of India were always greater
case of Pakistan as against that of India with regard to then those of the territories comprising the present state of
these waters before the competent legal authority i.e. the Pakistan. This obvious fact was known by all when Pakistan
Arbitral Tribunal which had been set up for the purpose by was demanded as well as when arrangements for partition
mutual agreement of both the states of India and Pakistan. including the constitution of partition committee and
Arbitral Tribunal were agreed upon by both the India and
4. They did not theretofore apply for an stay order to guard Pakistan sides. No new revelation about the relative
against the imminent danger of stoppage of the flow of the strength of India and Pakistan had suddenly descended
waters to Pakistani canals from their head-works, now left from the heavens upon the West Punjab authorities to
in India, by Radcliffe Award, after 1st April 1948 when the
necessitate and justify their suddenly boycotting the
interim arrangements were to come to an end.
mutually agreed forum of Arbitral Tribunal and entering
5. With similar illegal and fraudulent object they refused to into a super-secret, deliberately unwritten and undeclared,
accept the suggested offer of the Chairman of the Arbitral private, intra-Punjab deal in the darkness, behind the back
Tribunal Sir Patrick Spense, the former Chief Justice of of the other people and provinces of Pakistan and declining
35 36
the almost express offer of an stay order from the Arbitral "I was firmly of the view that the sooner we build our own
Tribunal to protect the continued flow of water to the dams and link canals the better for our future. When I became
concerned Pakistani canals. The actual purpose was setting Chief Minister in 1953, I expressed this view to the Central
the stage for the pre-arranged stoppage of water by India, Government and to Mr. Mueenuddin, C.S.P., who was one of
raising of hue and cry by West Punjab authorities about the delegate's in charge of these negotiations on behalf of
Hindu Chanakian betrayal and impending destruction of Pakistan. And I am glade to say that ultimately my views
Pakistan and ultimately facilitating and resulting in the prevailed." ("From Memory", by Firoz Khan Noon, P: 264)
distribution of the bulk of the water of all six Indus system 13. They were laying a death trap for catching and enslaving
rivers by the new provinces of the Punjab viz West and East the mighty Indus, the world-famous Lion River and for thus
Punjab among themselves, to the virtual exclusion of Sindh. desertifying and destroying their century-long adversary.
10. Struggling peoples and emerging countries like those of Sindh, incidentally the first gate-way of Islam, the first to
Pakistan do not face their national problems and challenges pass the Pakistan resolution through its Provincial
in the way the West Pakistan authorities are shown to have Assembly and to give its Provincial Capital as a gift to
done as the representatives of Quid-e-Azam's Pakistan. The Pakistan and the Quid for being made the first official home
initially weak peoples and their emancipation movements, of the Quid and the Capital of Pakistan.
like those of Angola, Mozombique, Namibia, South Africa, 14. As soon as the first scene of drama was successfully
Algeria, Cuba, Laos, Cambodia, Korea, Palestine etc, do not enacted, the cat started coming out of the bag. Even the
desist from their struggle because of the overwhelming need for keeping up appearance and some how maintaining
strength of their adversaries. Even Pakistan itself, in the facade of federation and respect for the rights of
subsequent encounters with its powerful neighbor, in spite federated provinces was brushed aside. They straightaway
of its relative weakness, never boycotted the notoriously went for Indus and started behind the back of Sindh, the
weak and practically worthless international settlement survey and planning for misappropriating its water.
forum of United Nations, never knuckled under India and
never entered into any secret undeclarable, shabby dark "Soon after the Indians stopped the flow of canal waters. I
deals with it, because of its superior strength. asked West Punjab engineers to survey sites for storage
dams on the Jhelum and Indus rivers. Of these sites
11. The authorities of West Punjab, the famous erstwhile Mangla, on the Jhelum, was the most promising. On the
swords-man of the British Empire, had not suddenly become Indus River a site at Darband was at first favored, but later
transformed into frightened lambs, trembling with terror at studies showed Tarbela to be more suitable."("The
a glance at the mighty lion, India. They could only have
Emergence of Pakistan", by Chaudhri Mohd Ali, P: 325)
been gambling and play-acting for very sounds, very selfish
and highest-ever stakes. Subsequent march of events has With the benefit of the hind-sight of the diabolic
proved that they were indeed busy in big game hunting and conspiratorial doings of our criminalized political system
stooping to the above pathetic role only in order to conquer. and of the suicidal antics of its neo-colonial, autocratic and
oppressive state apparatus, it is no longer necessary to
12. What they had created the artificial crisis for, was not
possess divine powers in order to guess that the Pakistani
the mere restoration of water supply for their two affected
canals, of course. They wanted to use the managed West Punjab authorities of the time appear to have taken a
discontinuation of water supply for building dams and link firm decision to take the fullest possible advantage of the
canals in Punjab, in order to siphon away the bulk of all the rare historic opportunity of the formation of a brand new
Pakistani waters for Punjab alone. state expected to fall under the total hegemony of their
37 38
dominant province and the permanent elimination of those Western and Eastern parts viz the new provinces of the East
constant irritants, the continuous interventions by that and West Punjab.
busy-body, the central government of British India and to:
(4) On the basis of these premises, through the
(a) Treat and use the multi-people, federal, democratic and instrumentality of their subservient central authorities, to
liberal state of Pakistan envisaged by Mohammad Ali bestow the sole right and authority to negotiate with India
Jinnah, as their conquered territory and make it essentially for the decision of the common water assets upon the
a unitary, autocratic and hegemonistic state of greater representatives of the province of West Punjab only, as the
Punjab under a euphemistic name-plate and to use and sole owner and master of these Pakistani waters.
treat the nominal federal government and its civilian and
non-civilian forces and authorities as the servants and 2. Strike a secret deal with the authorities of the Indian
guardians of the vested interests of the ruling class of province of East Punjab for dividing the entire water
Greater Punjab, and: resources of the Indus basin among themselves. Relying
upon the fact that the Western and Eastern portions of the
(b) Whenever necessary for protecting and advancing the united Punjab had existed as a single entity for centuries
above vested interests, to ruthlessly resort to draconian and were, as that single entity, co-accused in the complaints
laws, dictatorial regimes and pure terror and armed actions. lodged by Sindh with the government of India against
The first stage of the vision apparently was the economic united Punjab regarding illegal appropriation of common
conquest of the new country of which the first and main waters. Their interests in the water dispute were thus to a
item was water. very great extent, identical visa vis Sindh, their common
historical adversary. Despite the pangs and blood-letting of
It appears that these adventurous elements conceived a very partition, both sides appear to have realized that this was
thorough and comprehensive long-term multi-dimensional
the easiest, and the most profitable and opportune thing for
and multi-stage plan along with an extremely clever set of
both to do. If they so desired and chose to exploit to the full
strategy, tactics and policies to achieve their object. The
the rare favorable combination of circumstances provided by
subsequent march of events goes clearly indicating that they
that very partition.
planned to proceed step by step some-what along the
following lines: 3. Under the terms of such a secret deal artificially to create
a water dispute between the co-conspirators, the eastern
1. Use the occasion of the post-partition division of water
and western parts of the former united Punjab, by Pakistani
assets between India and Pakistan to:
western side fore-going the obtaining of the necessary stay
(1) Pretend and have it believed that the international laws of order against stoppage of water supply to Pakistani canals
river water rights and liabilities and the concepts of the upper by India and the eastern side going along with the pre-
and lower riparian and their rights and liabilities do not exist arranged stoppage of water of Pakistani canals. Indian
or at least do not apply within Pakistan. Punjab assuming the pose of intransigence and Pakistani
(2) Pretend that, as between India and Pakistan, the lower Punjab assuming the pose of helpless and injured innocence.
riparian is one and not two, only Punjab and not Sindh. 4. Raise a vociferous hue and cry about the so-called fatal
(3) Treat the common waters of Pakistan, passing through adverse effects of such pre-arranged stoppage of water and
Punjab and Sindh to wards the sea, as the sole property of under the pretext of a doomsday-like emergency situation;
undivided Punjab divided between its newly created sell away to India three common rivers of the Indus system
39 40
for pea-nuts obviously as a part performance of the secret any legal effect and void abnitio i.e. as some thing, which
deal with India. never had come into existence. All agreements and
decisions, emanating from the entire edifice founded upon
5. Magnify the artificially created water-stoppage into a
the illegal and void foundation of this illegal and void
burning international dispute threatening international
decision of the federal government excluding Sindh the
peace and security.
lower riparian, not to mention the rest of the provincial
6. Utilize the cold war world environment to involve the interested parties, from the process of negotiations and
western countries and world Bank in so-called negotiations decisions were void and of no legal effect in the eyes of the
for the so-called settlement, at the expenses of Sindh, of the law of the land and the civilized world.
so-called burning international dispute.
Of course there is no eyewitness to testify and support the
7. Ultimately shut the mouth of Sindh by imposing one-unit above charges. So how do you prove such charges without
through administrative terror, thus eliminating the very eyewitnesses?
existence of Sindh as an autonomous provincial entity which
it had achieved by decades-long valiant struggle under the The question is, are crimes to go un-punished because no one
leadership of the Quid-e-Azam, as a litigant party and as a can swear and say " I saw this crime being committed?" As a
complainant in the historical water dispute with the former full Bench of the Supreme Court of Pakistan has said in Fakku
province of united Punjab, now conspiratorially operating Mia's case (1969 P.Cr.L.J 1193) "when murderers discuss a
against their adversary as two separate and antagonistic criminal plan in home, they do not shout the conspiracy to
provinces of West and East Punjab. outsiders to make them eaves-droppers" (P: 1194).
8. Hiding behind administrative technicalities and in utter It has been laid down by the Supreme Court of Pakistan
violation of the principles of natural justice, illegally throw that in cases where there is no direct evidence to show in
out Sindhi representatives from the negotiating team and what manner the offense was committed, the courts must
act as the sole master of the waters of Pakistan. examine the probabilities in the light of indirect evidence or
circumstantial evidence, which once found to have been
9. If necessary have a Martial law imposed as a tool to carry
established, may well furnish a better basis of decision than
out the unholy work of the real masters. It is the firm
any other kind of evidence. [2000 SCMR 1969 (2046)].
conviction, contention and case of the Sindhi people that the
series of actions from the day in 1947, Sindh, the lower In the case of Amiruddin (PLD 1967 Lah 1190) the Lahore
riparian and the co-sharer of the waters of the Indus river High Court has laid down:
system was wrongfully, maliciously and illegally excluded
"The offense of conspiracy by its very nature is secretive and
from the Pakistan delegation which negotiated the settlement
surreptitious, and if a rule of evidence is laid down to the
of the division of Indus rivers system waters between India
effect that an agreement (about conspiracy). is to be
and Pakistan to the latest imposition of artificial water
positively proved, the proof of conspiracy would become
famine and Greater Thal Canal and other devices to rob
impossible".
Sindh of the last drop of water are parts of a diabolic anti-
Pakistan, anti-Sindh criminal conspiracy spread over the In the case of Syed Qaim Ali Shah (1992 P.Cr.L.J 242) the
entire period of the existence of Pakistan up to this day. Sindh High Court has reiterated the above legal position
Needless to say, the above decision of the Federal and added, "If several steps are taken by several persons,
Government was totally illegal, without jurisdiction, without tending towards one obvious purpose, it can be presumed

41 42
that these persons had combined together to bring that end for these abnormalities. The following are some of the
which their conduct obviously appears to attain."(P: 249-50). important questions that arise from the way this matter has
been dealt with by the Punjab authorities:-
In the case of Mukhtar Ahmed (2000 MLD 77) the Lahore
High Court has held: " Conspiracy is an intrigue or scheme 1. Whether the above mentioned acts of omission and
which germinates in the dark alleys of sinister minds and commission of West Punjab authorities, individual and
comes to light only when its external results are known...it collective were in accord with the usual and normal
would be seen that happening of an event or existence of procedure of transacting official state business and was the
state of affairs is one thing and proving at subsequent stage behavior and conduct of the West Punjab authorities in
the particular manner in which it had happened or had accord with the normal and proper behavior and conduct of
prevailed are altogether different things. Non-proving of similarly placed public and state authorities of a federation
conspiracy through sufficient evidence of acceptable legal in similar circumstances?
standard would never mean that such an event had not
taken place . conspiracy is not easy to prove". (P: 80-81). 2. Whether all these strange actions individually and/or
collectively can be taken as merely accidental, individual
In the case of State V. Manzoor Ahmed (PLD 1966 SC 664) a and isolated acts of several individuals acting thoughtlessly
full Bench of Supreme Court of Pakistan consisting of M/S and haphazardly on their own without any common motive,
Justice A.R. Cornelius C.J Hamoodur Rehman and object, concert and design?
Muhammad Yaqoob, all three former Chief Justices of
Pakistan, laid the law regarding the importance of indirect 3. Whether as soon as partition of India was decided upon
and circumstantial evidence as under: and necessary preparations for implementing it, including
arrangements for dividing water assets among the two
"In case where there is no direct evidence it is not sufficient.
states, were started, those in responsible positions on the
To say that since there is no direct evidence to connect any
one with the felonious act, the guilt cannot be fixed." Pakistan side really suffered a sudden attack of amnesia
and total loss of memory and whether, as a result they
In the case of Afzal Hussain (1991 P.Cr.L.J 113) the Lahore instantly forgot: -
High Court has said, "The law has always considered the
circumstantial evidence as a lawful guide in the (1) That Pakistan consisted at the time, of five provinces
administration of criminal justice, and circumstances including Sindh and not one only one viz West Punjab.
established beyond reasonable doubt could furnish a basis (2) That there are such things as Indian, Islamic and
for decision, better than any other kind of evidence.. If some International laws of river waters.
inculpatory circumstances were found to be incompatible
with the total innocence of the accused or were incapable of (3) That such laws have clearly laid down the rights and
any explanation upon any reasonable hypothesis other then responsibilities of the parties called riparian benefiting from
his guilt, then such circumstances could form a valid the water of rivers known as upper riparian, middle riparian
foundation for the conviction of the person accused of and lower riparian.
charge".
(4) That East Punjab is/was the upper riparian of the
In the light of above position, let us try to find out if the eastern rivers of the Indus river system?
conduct of the concerned authorities in the above matter is
(5) That West Punjab and Sindh are the two lower riparians
throughout normal and above board or not? And if not,
of the above river system?
whether there is any plausible and reasonable explanation
43 44
(6) That no decision can/could be validly taken in the 6. If so, whether under those instructions, the terms of such
absence of a concerned or co-sharer party under any legal verbal agreements were not to be communicated to their
system of the whole civilized world? principals’ i.e. the governments of West Punjab and other
provinces and of Pakistan?
(7) That participation in the process of the division of water
assets between India and Pakistan, therefore had not to be 7. If so, whether these terms were communicated in writing
confined to East and West Punjab only, but also to be to those governments and were available on the record of
necessarily extended to Sindh the lower most riparian? these governments for all these decades?
(8) That official talks negotiations and agreements are not to 8. Whether these terms were ever made public during all
be confined to whisperings in secret hideouts but recorded these decades in order to enable the people of Pakistan, to
properly in official and legal language not only for the use of judge for themselves, whether these were just and fair to all
those living but also for State and public record and for parties concerned, including Sindh, the lower riparian? If
those yet to be born in posterity? not whether any reasons were ever given or can be given
even now, to the people for keeping them secret for ever?
(9) That the Indian authorities by whom they claim to have Can these be disclosed and published to day for public
been suddenly overawed into signing away the three information?
tributary rivers after 1st April 1948 were not total strangers
9. Whether any competent higher authority took a proper
to them and were the very same people whom their people
decision practically to by-pass the Arbitral Tribunal, decline
and leadership were dealing with for the last nine centuries
the available vital stay order, thus endangering the
including the two centuries of British rule, upto that very
continued supply of water to the affected Pakistani Canals,
date?
and creating an international crisis? If so, which was that
(10) That according to the entire world-historic practice of authority and on what date was this fateful decision taken?
sensible and self-respecting peoples and nations of the Whether that decision is available on the record? Can it be
world, if some little area of your vast land is not cultivated made available and published for general public
and some cattle suffer dearth of water due to hostile action information?
all that you can and should do, is not immediately to sell 10. Was the Attorney General of Pakistan concerned
away your entire rivers and get a little water for a while, to authorized not only not to obtain an stay order but even to
be stopped entirely after some time and not to provide proof decline the express offer of Sir Patric Spense, the head of the
of the said sale as proper legal and complete, by paying Tribunal about an stay order?
money in token of your surrender of your rivers and
temporary purchase of a little water from them? 11. Whether, in case no such instruction was given to him
and he acted in violation of the letter and spirit of his
4. Whether the Pakistani West Punjab representatives instructions from the concerned governments or without
appointed for settling water distribution problem with India instructions, on his own was any action taken against him
had been given the normal written instructions regarding for acting in the manner he had acted, leading to such
what they could and could not do? "disastrous consequences for Pakistan?"
5. If so, whether these instructions empowered them to 12. Whether any proper instructions authorized the Central
enter into secret verbal agreements with the authorities of and West Punjab authorities to agree to the Indian orders to
East Punjab without reducing them into writing? them virtually to sell away the common eastern rivers and
45 46
pay seigniorage money for the temporary resumption of such admitted havoc in the very first stage of the talks, in
supply of water? the next stage of the talks also viz the stage of multi-
national talks culminating in the Indus Waters Treaty
13. Whether, in case none of such actions were covered by
1960? Let any honest, sensible and prudent man look at and
the instructions given, were the perpetrators of such
ponder over the above mentioned acts and conducts of
monstrous violations of their specific instructions stopped in
concerned West Punjab ministers and high officials, in the
their tracks at the very first intimation of such violations?
light of the above and other relevant questions and decide
14. Whether any explanations from the guilty authorities for himself whether all the above-mentioned acts and
were called for and submitted by them? If so where that conducts of the West Punjab authorities could, by any
record is and what exactly does it say? stretch of imagination, be taken as the above-board acts and
conducts of honest and upright men and or conscientious
15. Whether any disciplinary action was taken against those
and scrupulous high functionaries and leaders of a civilized
found responsible for what has been judged by the former
state or on the contrary the secretive doings of
Prime Minister of Pakistan, Chaudhry Mohd Ali as at least
conspiratorial groups of men silently hatching-up, planning
"neglect of duty, complacence and lack of common prudence"
and perfecting in darkness, an elaborate fraud of Himalayan
which had caused "disastrous consequences for Pakistan"?
proportions, to stab in the back an entire fraternal people,
16. The minimum punishment that could be given under the under the cloak of performing routine and normal federal
circumstances for acting contrary to instructions, state functions and defrauding it of its very life-blood, its
insubordination and disobedience in such a matter of life water, the source of the life and sustenance of each and
and death of the nation, in the case of public servant, being every one of the crores of its men, women and children?
dismissal, discharge or at least transfer to some other duty,
It is the well considered contention and case of the Sindhi
was any of these punishments given to those found
people that none of the strange, abnormal, unnatural, illegal
responsible for the above disastrous consequences for
and high-handed acts of omission and commission of the
Pakistan?
Pakistani Punjab authorities mentioned herein before and
17. Whether it is a fact that Khan Bahadur Hafiz Abdul herein after can be believed by any stretch of imagination, to
Hamid was the main West Punjab officer who played the be fortuitous, accidental, un-intentional or un-premeditated.
star role in the above-mentioned shady secret deal with the On proper examination and evaluation of all the relevant
Indian Punjab authorities which caused "disastrous facts and circumstances, it will be found that there can not be
consequences for Pakistan"? any reasonable credible lawful and innocent explanation for
them as a whole and that these are totally inconsistent with
18. Whether this same worthy officer was again entrusted
the probability of the innocence of the above authorities.
with a leading role on behalf of Pakistan in the negotiations
Consequently, apart from technicalities which the Superior
at the second stage viz those with the World Bank and other
Courts of Pakistan, who "lean in favor of substantive justice"
countries of the World which culminated, so far as one of the
[Mohd Ali 1997 CLC 768 (773 E)] and who "have consistently
main interested and affected parties, Sindh, is concerned,
ruled in favor of the principle that adjudication of disputes
were in the exparte, one-sided, illegal and void abinitio, the
should be premised on merits rather than technicalities"
Indus Basin Treaty of 1960?
[Mohd Afzal 1997 CLC 1080(1083)], do not regard with much
19. Whether there was any special reason or justification for favor, applying the ultimate test of the concept of proof
not only not taking any action in the matter against anyone [Article:2(4) Qanun-e- Shahadat] if an honest, sensible and
but continuing to employ the very same officers who played prudent person were told the story which is related in these
47 48
pages, of how the Punjab authorities and the federal members of the delegation. Mr. Hameed went to the extent
authorities of Pakistan have dealt with the question of the of offering a bait to Mr. Hassan, representative of
waters of the Indus basin visa-vis the rights and interests of Bahawalpur that through such a link Bahawalpur canals at
Sindh, the lower riparian, since the days Pakistan came into Sullemanki would receive Rabi supplies from the Indus. Mr.
existence, he would be fully convinced, without any Hassan knew the position of supplies and as a matter of
reasonable doubt, that Sindh has been made the victim of one principle he refused to support him saying that he was there
of the greatest and longest continuing criminal conspiracies of to fight the case of Pakistan and not of a particular province
world history, aimed at defrauding it and resulting in, or state. Internal disputes were best left over to the future.
misappropriation, of the bulk of its lawful share as a lower
“In the same manner every attempt was made to throw out
riparian, in the common waters of the Indus river basin.
Sindh's uses from the western tributaries. Incorrect
Indo-Pak talks for resolving the "water dispute" started in calculations were embodied in the Pakistan plan to the
March 1952 under the auspices of the World Bank. Initially effect that not only the allocations of the new barrages on
engineers from Sindh, N.W.F.P and Bahawalpur and the Indus would be met in April, May but that there would
Khairpur States besides Punjab were included in the be surplus left over for development. Both Mr.Hassan and
Pakistani team. myself disagreed and Mr. Tipton’s calculations supported
The engineers from Punjab reportedly behaved as if they our conclusion that in actuality in most of the years there
owned all the waters of Pakistan. Their objectives appeared would be shortages.
to be (1) To keep the Indian side happy. (2) To stick to their "Mr. Hameed regarded Pakistan's waters as though they
secret deal with Indian Punjab, and get its terms approved were his personal property. At first his secretary Mr.
by hook or crook. (3) To get a dam and link canals on Indus Khalilur Rehman who is supposed to be the custodian of his
for plundering its water on the pretext of replacing the inner feelings, started belittling allocations and saying that
"losses suffered by Punjab" due to having deliberately, ultimately these rights would be given up. I protested to Mr.
unauthorizedly and illegally sold out the common rivers Hameed against this loose talk and made it very clear that
Ravi, Bias and Sutlej to India under the secret deal (4) To not a single drop of allocated supplies will be parted with.
enlist Bahawalpur state engineers against Sindh by offering
the bribe of Indus water for Bahawalpur State. (5) To "Later Mr. Hameed told Mr. Sarwar Jan Khan that for sake
deprive Sindh of its previous allocations of water. (6) To of an agreement he would even give up allocations and the
brow-beat Sindhi engineers into acquiescing to their above same day he told Mr. Hassan that he would even agree to
high-handed anti-Sindh, unpatriotic projects. (7) To mis- Marhu
represent, to their advantage, the facts and figures
Tunnel if Pakistan was given control over that strip of land.
regarding the waters and water-supply of Pakistan.
It did not bother Mr. Hammed whether this additional
When the negotiation was taken up in Washington, Mr: diversion of water by India did any damage to Pakistan.
M.S.Qureshi, the member from Sindh complained to the
"There was thus a difference in outlook which was not very
government of Sindh regarding the above negative attitude.
conducive to good team work
He wrote, "Provincial considerations were allowed to
influence judgment and actions. Indus link (i.e a link canal "Mr. Naseer's pleading with General Wheeler that they
on the Indus for siphoning away its waters to Punjab to the could not afford to go back without an agreement only
detriment of Sind rights-RBP) was at first recommended to convince the bank that Pakistan would accept anything for
government without even a mention to any of the senior the sake of agreement.
49 50
"Even this most detrimental proposal seemed most treatment of all manners of people before the law,
palatable to Mr. Hameed. His secretary (Mr. Khalilur compassionate and generous treatment of all kinds of
Rehman) and he himself agreed with Mr. Sarwar Jan Khan minorities and other weaker and more disadvantaged
(member from N.W.F.P) on about the 1st April 1954 that no sections of the population etc.
decision could be expected from a government that was
Their entire efforts were concentrated upon lifting Pakistan
tottering.
from the inhibitions and uncertainties of governance in the
"Decision might as well be taken in Washington and the present to the autocratic and ruthless latitudes of ruling in
responsibility would not be that of Engineers but of someone the past, where -in every whim and wish of the rulers would
else." be treated as the ultimate law of the land. They zealously
It was obvious to the Punjab leadership and its followers from hurried on upon their journey to that golden past of their
other provinces / regions from the very beginning, that as dreams. And over a period of time they achieved remarkable
long as the then prevalent political system following, even success.
though crudely, the British pattern, with its parliamentary By skillful maneuvering of the socio-economic and political
rule, Constitutional Assembly, the vexatious Bengali time-machine and their age-old loyal alliances and cozy ties
majority, the irksome federation and its numerous provinces with the mighty West, they landed Pakistan back in the pre-
etc, existed, they may not find it too easy to reach their British era so that in many respects it descended far behind
political and economic goals specially the goal of
the British times.
appropriating the entire waters of Pakistan for Punjab. They
seem to have concluded that much needed to be changed in This rapid journey in time to the past, has much more to do
the system of governance so that it could respond fully to with the radical evil turn in the prospects of resolving fairly
their wishes. How these changes were effected and how these and justly, the centuries old Sindh-Punjab water dispute,
chimed in with and thoroughly facilitated the Punjab than many people in this country know or even care to
authorities' ruthless exertions for grabbing all Pakistani know. Very few in the country know that this backward
waters is quite a dramatic and politically instructive story journey had started from the very first days of coming into
which is not sufficiently known to many people in this our existence of Pakistan. Mountbatten once spitefully referred
blessed and blissfully unaware land of the pure. Mr. Jinnah as "the dying Muslim leader". The description
Judging by Pakistan's 56 years’s, chequered history, quite a was not very far from the truth, however. Along with his
few of Mr. Jinnah 's followers and most of his successors, terminal disease, the hostile schemes and actions of Indian
specially those from the warrior province of Punjab, never authorities and Mountbatten, he was plagued by the wily
had too much liking for Mr. Jinnah or his Pakistan as intrigues of his "loyal followers". No nation on earth could
conceived by him. Their known political instincts and mind- have treated its "Father" in a more brazenly shameless way
sets tended to place them rather closer to authoritarian than the way Mohd Ali Jinnah was treated by some of the
worthies of the past, like Timur, Nadir Shah, Maharajah petty-minded, pygmies basking around him in the reflected
Ranjit Singh and Lawrence brothers and their ideals of glory of his gigantic personality.
super-strength, natural right of conquest, ruthless
"The complex and intricate task (of setting up the new state
subjugation of subjects and iron rule, than to modern,
of Pakistan) could only be tackled by the Quid-e-Azam. The
enlightened and sensitive people like Muhammad Ali Jinnah
challenge was beyond the limited capacities and mental
and his ideals of liberal democracy, rule of law, fair play,
horizons of the lieutenants who, while he lived, could only
equal opportunities for all, strict, impartial and equal
51 52
shine in his reflected glory". ('Government and Politics in 'He called Mamdot and Governor Mudie to Karachi in May
Pakistan'-Mushtaq Ahmad, P.20) and told Mamdot. "He was useless as a Prime Minister,
which," Mudie reported, "was only too true. He [Jinnah],
The 1953-54 coups of Governor General Ghulam Mohd
therefore, nominated Mian Mumtaz Daultana" to take
against Prime Minister Khuwaja Nazimudin and the
control of the Punjab ministry, but Daultana "refused
Constitutional Assembly etc are commonly regarded as the Jinnah was very angry and the meeting was adjourned. I
first series of coups against Quaid-e-Azam's Pakistan. In then asked what his advice to me would be as a friend. He
fact those were the third and fourth such coups. The first replied 'Wash your hands of them, as I am going to
and second were against the founder of Pakistan and the do'.(Stanley Wolpert "Jinnah of Pakistan" P.360-361)
father of the nation, Quaid-e-Azam Mohd Ali Jinnah himself
and his party, when he was virtually "dismissed" from the "Did not his Military Secretary, an Englishman, say that
leadership of Pakistan Muslim League and the league was "when he left for Lahore he looked sixty and he returned a very
high jacked by his "loyal followers. old looking man of eighty". After his return a queer apathy
gripped him" (Zuberi-vol:2 ibid, P.158) Quaid Azam's following
"The first meeting of the new Pakistan Muslim League was most meaningful introspective observation during his 11th
held in Karachi in February, 1948 to consider the new August 1947 speech in the Constitutional Assembly of
constitution and the Rules, an amendment was moved that Pakistan at Karachi clearly indicates that though he was
no Minister or other office holder in the Government should always full of hope and determinated to succeed, he had
become an office bearer in the League, exception being made absolutely no illusions about the then existing state of affairs
in the case of the Quaid Azam. The amendment was passed and was fully aware of the formidable obstacles, pitfalls and
in spite of his advice against it. He declined to accept the deep-going uncertainties as embodied by internal rot and
exception in his case and remain the President and left the treachery and foreign menace, around and ahead of him and
meeting. Chaudhry Khaliquzzaman was asked to organize Pakistan: "It was almost as if he was thinking aloud, when
the League and later he was elected its first affirming that partition was the only solution to India's
President."(Voyage Through History- vol:2, by Masarrat constitutional problem, he added, 'May be that view is correct,
Husain Zuberi, P.144). may be it is not, that remains to be seen."(From Quaid Azam's
speech in the Constitutional Assembly of Pakistan at Karachi,
Soon after Mohd Ali Jinnah's death the amendment was on 11th August 1947, quoted in Iqbal Akhund "Memoirs of a
duly deleted and the then Prime Minister became the Bystander" P.24) In February 1948, General Messervy the
President of the Muslim League also!(Zuberi-vol:2 ibid, then British Commander-in Chief of the Pakistan Army visited
P.196) Delhi at the end of his service and briefed Mountbatten and
The Quaid was kept in the dark even about such crucial life Pandit Nehru at a luncheon given by Mountbatten.
Mountbatten says, "Prior to the P.M's (Nehru's) arrival..
and death state matters as the ill-fated tribal invasion of
General Messervy said that Jinnah had become more and
Kashmir.(See K.H. Khurshid "Memoirs of Jinnah" PP.59,82)
more impossible and was afraid he was in an advanced stage of
"The Punjab was Jinnah's Achilles' heel, time and megalomania. It was generally felt in Pakistan (and had even
again."(Ayesha Jalal "The Sole Spokesman", P.14) been expressed by Mr. Liaquat Ali khan) that Mr. Jinnah's
usefulness had more than expired and that he was now an
"Jinnah did not get his mandate. He left the Punjab
obstacle and positively a menace, but nobody could see any
swearing: 'I shall never come to the Punjab again; it is such
way of getting rid of him".('Mountbatten and Independent
a hopeless place.'(Ayesha Jalal, ibid P.22)
India'-Larry Collins & Dominique Lapierre, P.258)
53 54
On the last day of his life, the Government of Pakistan could became the order of the day, ever since these early days of
not spare even a single ambulance in working order for the the state of Pakistan.
return journey of the ailing founder of the country from Ziarat:-
This was exactly the ideal negative Socio-Political and legal-
"We had hardly gone four miles (from Mauripur Airport to ethical environment required for the commission, with
Governor General's House) when the ambulance stopped. absolute immunity, of all kinds of acts of brigandage and
There had been a breakdown. The driver fiddled with the plunder, especially of the common national waters, by the
engine for about twenty minutes and the ambulance could ruling elites and self-imposed authorities of Pakistan. All
not start. Miss Fatima Jinnah sent the Military Secretary to theoretical obstacles and road-blocks in the country e.g the
fetch another ambulance.. It was very oppressive in the concepts of the rule of law, federalism, constitutionalism,
ambulance and the Quaid-i-Azam was perspiring. I kept on division and balance of power etc in the path of neo-colonial
looking distractedly towards the town but there was no sign masters and their local satraps were to be swiftly broken
of an ambulance. I felt utterly forlorn and hopeless. After an down and thrown to the way side. Ruthlessness was to be
excruciatingly prolonged interval, the ambulance appeared the magic word for subjugating and keeping Jinnah's
at last.. Nobody knew that the Quaid-i-Azam was being taken Pakistan in perpetual bondage of the neo-colonialists and
in critical condition through the streets of Karachi." ("With their native stooges, amid the loud chorus of the slogans of
the Quide-i-Azam During his Last days" Lt. Col. Dr. Ilahi "Quide-Azam Zindabad", "Pakistan Zindabad", "Islam
Bakhsh, ibid P.47-48) Zindabad". Things started moving, historically speaking, at a
"Quaidi Azam fought all his battles single handed. He supersonic speed.
suffered patiently and alone." (Miss. Fatima Jinnah preface Governor General Ghulam Mohd dismissed the elected
to Lt. Col. Elahi Bakhsh's "Quide Azam during his last days" Bengali Prime Minister Nazimuddin on 17.4.1953. Again
P.32) the United Front government of Fazalul Haque in East
Pakistan which swept into power with an over whelming
He died as an utterly abandoned, betrayed and broken-
majority in the February 1954 elections was dismissed only
hearted man in pitiable and mysterious circumstances.
2 months after taking office, placing the province under
Soon most of the Pakistan Muslim League stalwarts General Iskandar Mirza's Governor's rule. After five
received their golden-hand-shake. months, on 24.10.1954, Governor General Ghulam Mohd
dissolved the Constitutional Assembly, in a truly James
Almost the entire working committee of the Pakistan
Bond setting:
Muslim League was 'rewarded for their services to the
nation' and got rid off, with Ambassadorships and "The coterie. (Secretary General Chaudhry Mohd Ali,
governorships. (Zuberi, ibid, P 197).. Governor General Ghulam Mohd, Defence Secretary
Iskandar Mirza and C-in-C, Army, Ayub Khan--RBP) could
"After the assassination of Liaquat Ali Khan (in 1951) the be termed the "gang of four."(Zuberi, ibid, P.222)
effective and operational power in Pakistan passed to the
higher echelons of civil and military bureaucracies." The (Bengali) Prime Minister Mohd Ali Bogra, Ayub Khan
("Pakistan the Unstable state"-Hassan Gardezi and Jamil and Iskandar Mirza were urgently summoned from USA
Rashid, P.102) and Britain.
These events culminated in the state governance further "The Military Secretary met the V.I.P. arrivals at the
descending into an abysmal pit of medieval intrigue, and airport and the Prime Minister, accompanied by the two
plain criminality. Lawlessness, despotism and tyranny Generals, was whisked straight to the Governor General's
55 56
House. Governor General roundly abused the Prime "Speed, if possible, supersonic speed, was needed." cried
Minister and asked the two General's to take him away. Mohd Ali Bogra, the puppet Prime Minister. For the Punjab
Lahore dungeon with muscled jailers, torturing him with leaders turned historians, all history began with the advent
their jibes and mocking smiles, crossed his mind.. After a of Sikh State in Punjab.
long huddle between the two Generals and the Governor-
"The Provinces in West Pakistan were of recent 20th century
General, the Prime Minister was informed that the arrant
creation-N.W.F.P.was separated from Punjab in 1901 only,
Constituent Assembly was being dissolved. He would
Sind became a separate province only in 1937 as a result of
remain Prime Minister." (Zuberi, ibid, P.223-224) the Muslim demand of common nationhood and in any case
The act was ratified by the Federal Court of Pakistan would have become part of the Punjab, had its conquest by
headed by Mr. Justice Munir. the British not preceded final defeat of the Sikhs.
"Chief Justice Munir himself admitted 'the mental anguish Administrative boundaries depending on timing of alien
caused to the Judges by these cases was beyond description conquest had no sanctity and the Provinces as constituted in
and no-where else in the world had the Judges to pass 1947, had no linguistic or ethnic unity."[Speech of Punjab
through what may be described as judicial torture." (Justice leader Nawab Mushtaq Ahmed Gurmani, in the Constituent
Munir's speech in the Lahore high Court Bar Association Assembly of Pakistan C.A.P., Vol.1, Part 1 of 1955 (pp.784-
April 22, 1960 quoted by Mushtaq Ahmed in his "Government 809) quoted in "Voyage Through History"- Masarrat Husain
and Politics in Pakistan" P.33) Zuberi, Vol:1, P.240). "Barring the Punjab Muslims, over
whom ruled Ranjit Singh and his European General, like
"Thus ended with a bang the Parliamentary Avitabile, the Italian General at Peshawar (who used to
System."(Zuberi, II, P.146) "As M.J. Akbar says in his book hang six Pathans outside his porch before breakfast and
"India: The Siege Within, ".It was open house for schemers. before receiving any visitors) if the British had not come,
After the coup from above, policies (in Pakistan-R.B.P) Ranjit's five European Generals, with their armies trained
degenerated into scramble for power in which the winner under them, would have conquered Kabul as well as Sindh
was to be backed." (Burhanuddin Ahmed: "The generals of and Baluchistan. The arrival of the British saved the
Pakistan and Bangladesh" P.3) Thus the way was cleared Muslims of north-western India."("From Memory", by Firoz
for destroying the federal foundation of Quide-Azam's Khan Noon, P: 9-10) "There is no justification either
Pakistan and for transforming the homelands of Pashtoons, politically or administratively for maintaining the existing
Sindhis and Balochis which had agreed to constitute Provincial divisions in West Pakistan. They are not
Pakistan as a group of independent and sovereign fraternal warranted by geographic, ethnic, cultural or economic
states as envisaged by the 1940 resolution and subsequently consideration. Both West and East Pakistan are placed on a
allowed themselves to be persuaded to join and constitute footing of equality promoting a feeling of partnership. These
Pakistan as a single fraternal federation of equal partners, two units will then go forward in an Honorable, mutual,
into captive pieces of conquered territory, their resources, beneficial, complimentary and enduring partnership, thus
chiefly water, land and jobs being ear-marked for loot and advancing the prosperity of the country as a one whole",
plunder as a "war booty". One-unit was to be imposed. declared Mohd Ali Bogra. (Zuberi, Vol. II, P.242-243),
"Doultana had prepared his "Document" (for eliminating A reign of terror was let loose on members of the Assemblies
provincial autonomy) in September 1954. General Mohd of the provinces marked for elimination.
Ayub Khan had on 4th October 1954 sent his detailed
proposals....There been not much time left to loose."(Zuberi One-unit was imposed on 15.10.1955. The first thing that
vol:II P.222-223) needed to be done was to ensure unhindered criminal
57 58
manipulation and misappropriation of the entire water of winning social, cultural, political and economic progress in
the Indus River System. "The team negotiating with India the world through unity, fairplay, democracy, up-lifting the
and World Bank regarding these waters which included masses, releasing their vast un-tapped energies and through
representatives of Sindh and N.W.F.P. was disbanded and a nation building in all fields, reverted to the blatantly
fresh negotiating team constituted. All members from reactionary, exploitive and oppressive ways of governance
smaller provinces were dropped and following members, all, typical of the darkest periods of their medieval history?" The
without exception, from Punjab, included:- Mr. G. answer is to be found in both the old and recent past of the
Mueenudin, K.B.M. Abdul Hameed-C.E Punjab, Mr. Khalil- history of the Muslims of India.
ur-Rehman, Mr. S. Kirmani, Mr. S.I. Mehboob, Mr. S.M.
(1) The vast majority of the Muslim masses in these areas
Niaz, Mr. Altaf Hussain".("Kalabagh Dam",by Abrar
were living since centuries under the out-model, reactionary,
Kazi,P:29-32). It may be pointed out that there was no
anti-people and oppressive tribal, feudal and imperial
dearth of senior and competent engineers in Sindh, Frontier,
systems in a state of abject poverty, illiteracy, superstition
Balochistan or Bahawalpur to present the case of Pakistan.
and rightlessness.
Among them was Sindhi senior Engneer Mr. A.R. Kazi
S.Q.A former Chief Engineering Adviser to the government (2) The British were mortally afraid of the re-awakening of
of Pakistan who was at that very time serving as Chief the masses of the Muslim world in view of the past history of
Engineer (water) WAPDA. But he was not taken on the Arab conquests, six crusades, Ottoman Empire in eastern
Pakistan negotiating team. Europe, European conquests of the Muslim world and the
fact that Muslim territories were strategically spread from
On 8th October 1958 President Iskandar Mirza imposed
the Atlantic to the Pacific Oceans and it was known that
Martial law in league with General Ayub Khan and
once they attained the capitalist socio-economic mode of life
provincial Cabinets and Central Cabinet were dismissed.
and production, they were bound seriously to threaten the
After about two weeks, "on the night of 27/28 October, Ayub
Western hegemony over the world. Therefore the British
Khan sent three Generals - Burki, Azam and Shaikh to the
wanted them to remain away from enlightenment, political
President to ask him to resign. Mirza first resisted. But
consciousness and mass power in the same, weak, back-
General Azam pulled out his pistol, upon which he signed
ward, helpless and wild state in which they were living in
the letter of resignation."(Lt. General Jahan Dad Khan
the grip of reactionary tyrannical and oppressive social
"Pakistan- Leadership challenges" P.38). Ayub Khan
forces since many centuries.
appointed himself the President of Pakistan.
"The provinces of Punjab, Frontier and Baluchistan, had
"The new regime won the approval of the West although it was
also been isolated from the political influences of the
the abnegation of the values of the free world. As Charles
nationalist movements as a matter of deliberate imperial
Burton Marshall observed, the debacle was presented "in
policy due to the strategic significance of these areas and
terms of accomplishment, as if some thing fine and
their value as a source of recruitment for the army."
constructive had taken place when the political institutions
('PAKISTAN_ A STUDY OF POLITICAL
were overturned and thrown aside."("Generals of Pakistan &
DEVELOPMENTS-1947-97', Hamid Yousuf, P: 26) "..The
Bangladesh", Borhanuddin Ahmed, P.10)
limited reforms of the 19th century were not extended to the
At this stage one is tempted to ask "How come that, unlike Muslim majority areas of the West, the process remained
their Hindu compatriots, the Muslims of India, specially the same. Till 1947 Baluchistan was denied all the reforms
those of the Muslim majority provinces, instead of going of self Government introduced in other Provinces."('Voyage
forward after achieving freedom from foreign yoke, and Through History'- Masarrat Hussain Zuberi, P.112)
59 60
"Britain's administration of the (Muslim majority-RBP) ".The traumatic turn of events made them (the Muslims)
north-west region of the subcontinent had been different looks inwards for religious purification to meet the new
from that in the other parts of India. ('THE DESTRUCTION challenge. The so-called Wahabi movements could not gather
OF PAKISTAN'S DEMOCRACY'- Allen McGrath,P:6-7) (3) political support." (ibid, P:9)
During the 700 years long Muslim rule over India, the role
"..the opportunities made available during British rule for
of Muslim ruling elites was mostly that of privileged parasites
participation in government had been refused out of fear,
who lived mostly by the sword, monopolizing all wealth and suspicion, or pride. Many religious leaders felt they must
power, without having to learn too many hard skills. The remain uncontaminated by Western ideas for fear that the
common Hindus had to do the meaner jobs and learn all kinds religious way of life of the people would be subverted.."('The
of skills and professions merely to survive. Their turn came Destruction of Pakistan's democracy'- Allen McGrath, P: 8)
after the advent of the British power to employ those skills and
professions and to become the favorite subjects and junior ".. (The Muslims) despised the infiltration of western
partners of the new rulers, whereas Muslims refused to influence and culture, including the language of the new
awaken from the dreams of the past. rulers of India."('Government and Politics in Pakistan'-
Mushtaq Ahmad, P: 1)
"After the unsuccessful Indian Mutiny of 1857 against the
British "the Muslims..could not...find themselves willing to "They (Hindus) adapted themselves more readily to the new
adapt themselves to the change... They had been rulers and order and took full advantage of the economic opportunities
in the field of industry and administration. The result was
soldiers and very few of them had taken to trade or
that, generally speaking, they forged ahead of the Muslims
professions..
who were smarting under a sense of frustration and defeat.
As against this, the Hindus welcomed the change. The "The Hindus not only prospered economically but also
memory of 700 years rule by Muslims was rankling in their acquired a new consciousness as a separate political
heart. entity.”(Ibid, P: 2)
The Hindu has a remarkable capacity for adaptability. They (5) In the next phase, when thanks to the heroic, pioneering,
learnt English avidly as they had learnt Persian so that enlightening and civilizing role of people like Sir Syed
they easily found posts. In the new administrations. But the Ahmad Khan, Syed Ameer Ali, Hassan Ali Effandi and a few
Muslims could not get over their superiority complex and others, Muslim educated strata was created and the fairly
the English language and Western Civilization continued to well-educated politically active Hindu strata, having gained
be anathema to them..they were looked down upon with sufficient political skills and self-confidence, advanced to the
contempt (by the British) their position had became in fact stage of demanding their rights with some force, the British
pitiable."('FROM JINNAH TO ZIA'- Muhammad Munir took alarm and started looking for fresh battalions of
Chief Justice of Pakistan (retd) P: 3-4) henchmen, this a number of Muslim feudal-elites and service-
men took a U-turn from their previous aloofness and became
"Hindus were the readier and more willing to take to ultra-loyalist and mercenary pillars of imperialist rule. They
western education and learning, which brought into were rewarded royally and semi-officially established as
existence "a new integrated all-India class with a varied parasitic bullies over their own poor people. They lived by
back ground but a common foreground of knowledge, ideas white-collar and "gentlemanly" social, economic and political
and values." From the political aspirations of this class was lawlessness and crime. Toadyism, exploitation and oppression
born modern Indian nationalism."(PAKISTAN- A Study of became the semi-officially encouraged and socially tolerated
Political Developments 1947-97, Hamid Yousif, P:2)
and expected way of their life.
61 62
Many a politician and official who usurped and exploited on the one hand and India and the donor countries on the
political power in Pakistan through lawlessness and other, provided an excellent and ideal opportunity and cover
political crimes belonged to the above category: - to the Punjab authorities, suddenly to transform themselves
from being accused for a century of excessive appropriation
".a form of government was installed in the Punjab different
of common waters, in the historical matter of Sindh-Punjab
from that in Bengal. Government in the Punjab was to be by
Indus Basin water dispute, to becoming the virtual sole
individuals rather than by regulations
owners and disposers of the case property viz the water
"What need or room for written laws, politicians and assemblies, resources of Pakistan. They forthwith set themselves up as
or haggling lawyers? This tradition was part of the background the self-appointed judges in their own cause. The IBAB,
of such British trained men as Ghulam Mohd, Ayub khan, waving the flag of an impartial federal national planning
Iskandar Mirza, Chaudhri Mohd Ali, and Mohd Munir, who body of the Islamic Republic of Pakistan, under the garb of
were to play important roles in Pakistan in the years after "planners" for the greatest national good to the greatest
independence. They were all from the Punjab, and all were number of the people of the whole of West Pakistan
former members of the civil, military, and judicial bureaucracies including Sindh, simply dismissed, without taking any
which administered the machinery of government under the notice of Sindh's century-old case against Punjab authorities
British."('The Destruction of Pakistan's Democracy'- Allen by the simple, stratagem of "planning" it out of existence
Mcgrath, P:7) "Resistance to usurpers is not part of our culture through a "national plan" for negotiation where by the
nor in accordance with the best traditions of our entire flow waters of Jhelum and Chenab, stored water of
society."('Pakistan a Dream Gone Sour'- Roadad Khan, P: 42) Mangla Dam and the bulk of Tarbela dam on Indus were
allotted to Punjab under one or the other pretext.
By a notification dt: 10th June1959, the military
government of Ayub Khan constituted a body named Indus All complaints, principles, previous decisions and arguments
Basin Advisory Board(IBAB) to evolve the best plan for were quietly and impliedly, thrown into the dustbin of
meeting the water shortage caused by the sale to India of history under the smokescreen of national planning and
Ravi, Bias and Sutlej No representative from Sindh or any international negotiations.
other region / province other than Punjab was taken on this
"As One Unit Administration had come into being from
Board. Thus the IBAB plans, decisions and the
October 14, 1955, the Punjab found it expedient to push
International negotiations based on the above plans and
through its own proposals for the full development of the
decisions were purely a Punjab affair.
Punjab through the proposed system of works (exclusively in
At that time the Sindh engineer mentioned earlier, Mr. A.R. Punjab-RBP) required under the Treaty, and this it
Kazi, S.Q.A (later Chief Engineer adviser to Government of proceeded to do, by making the IBAB co-ordinate all
Pakistan) who was the senior-most Civil Engineer serving in planning within the country on the one hand, and provide
Pakistan was Chief Engineer (water) WAPDA, but was not the sole link with the Treaty Delegation and the Bank
included in the IBAB although it was WAPDA which had to Consultants on the other." ('Indus Water Allocation-History
get the proposed works constructed. of the Case', G.K Soomro, P.139)
The core issues involved in the negotiations leading to the "The purpose of the IBAB proposals mainly was the
1960 Treaty, were intertwined with and over-lapped the core obtaining of the maximum amount of funds for enabling as
issues of the Sindh-Punjab Water Dispute 1857-1960 (now big a system of works to be constructed (in Punjab-RBP) as
1857-2003). The treaty negotiations, though formally and possible. In this objective they succeeded by getting, in
apparently confined to the points at issue between Pakistan addition to the fixed contribution of India of $175 million, a
63 64
free grant of $ 175 million from the Consortium Countries, (2) These provinces, including Sindh, could not and cannot
and a loan of $ 150 million. The Supplemental Agreement of be held responsible for the losses deliberately incurred by
April 1964 got Pakistan an additional $ 315 million in the province which sold such common rivers behind the back
foreign exchange for the Projects. "The IBAB succeeded in of the other co-sharers.
doing on the home front, what all previous Governments in
(3) The said provinces including Sindh, cannot be morally or
the Punjab could not do, simply by the device of providing
legally punished and burdened with any compensation to
the construction of Storages and Links (in Punjab only),
the affected Punjab canals for any losses caused by the
completely un-connected with the strict function of
authorities of that province by their unilateral,
replacement. A situation which could never have
conspiratorial and malafide wrong-doing.
materialized, had the Sind Government been in existence, or
had the interest of the peasantry of Sind been kept in view. (4) On the other hand, the water losses suffered by Pakistan
This became possible for them by keeping Sind's were not confined to one province viz Punjab. Other
representation out of IBAB, and by not raising any protest provinces, chiefly Sindh, also suffered considerable water-
from any quarter interested in Sind. The Irrigation loss due to the illegal sale of the three-tributary rivers of the
Department of West Pakistan was also headed, at that time, system. The authorities of Punjab were and are morally and
by an officer from the Punjab (Mr. Mahbub). To prevent any legally bound to compensate adequately the deprived
individual from raising any issue, strict secret instructions province, Sindh, to the extent of its actual loss of supply of
were issued to all to keep silent about all the decisions." 1.92 MAF in Rabi and 29.36 MAF in Kharif which it
(ibid, P.140) received at Panjnad. This is the average of the 10 years
It may be emphasized once again that the order of the prior to partition i.e. 1936-37 to 1945-46 from the illegally
government of Pakistan constituting such a Board without sold rivers.
any representative of Sindh, along with all the proposals (5) The compensation obtained from India and the loans
and plans and all decisions made and agreements signed by obtained from the World Bank and from Canada, Germany,
this Board adversely affecting the rights and interests of Australia etc were obtained for not only Punjab region /
Sindh, was under the circumstances to that extent, violation Province but for the entire West Pakistan including Sindh,
of the binding principles of natural justice, illegal, of no legal N.W.F.P and Balochistan regions / Provinces and were
effect and void from the very beginning. In order properly to payable by all of them plus East Pakistan.
understand the callousness, chicanery and high handedness
employed by vested interests against the smaller provinces Under annexure D to the "Indus Basin Development Fund
specially the people of Sindh in the matter of fair allocation Agreement" 1960 prepared and got approved by IBAB itself,
of water resources, it will be helpful to bear in mind the the "System of works to be constructed by Pakistan" was for
following facts and circumstances: entire West Pakistan and not for Punjab alone and it had to,
(1) Being unrepresented in the 1948 Indo-Pak ostensible (a) Provide substantial additional irrigation in West
negotiations, much less, in the surreptitious and secret Pakistan.
Jullander deal, between West and East Punjab authorities, (b) Make an important contribution to soil reclamation and
regarding the waters of Pakistan viz those of the Indus drainage in West Pakistan by lowering down water levels in
River System, the smaller provinces were not and are not water-logged and saline areas.
morally, politically or legally bound by the decisions in the
above dealings behind their back and to their disadvantage. (c) Afford a measure of flood protection in West Pakistan."
65 66
Hence these funds were required to be spent and works to be coming to Pakistan on the relevant date, the dependable
constructed in other regions / provinces as per their supplies on the 3 to 4 years basis came down to 17 MAF.
entitlement as co-riparian and not just in the one region / Again there may be a quantum of dependable availability,
province, Punjab. which may not be fully utilizable due to a variety of reasons.
Hence quantum of actual losses had to be calculated as per
(6) Punjab has / had lots of under ground water, "The total
the quantum of actual utilizability out of the total quantum
ground water being used only in tube-wells in the Punjab
of dependable availability.
was, in 1971, many times more than the combined total
capacity of Mangla and Tarbela Dams."(Abdul Wahab- (11) This level of utilizable supplies determined the top level
"Sindh Water Case" P.47). Its average annual rain water exceeding which would have meant exceeding the rational
quantity is the highest in the former West Pakistan / and equitable boundaries of proper "replacement".
present Pakistan. In Sindh both these sources of water
(12) It would have been found that the justly due
supply are negligible.
replacement supplies so far as the affected Punjab canals
(7) That fairness, justice and equity demand that the term were concerned, were 3.12 MAF during Rabi and 10.67 MAF
"waters of Pakistan" should be held to include (a) flowing (b) during Kharif. Against this quantum of replacement
storage (c) under ground and (d) rain waters in the country supplies, Punjab was demanding replacement supplies of
and its provinces. the order of 21.12 MAF and even more at the cost of
(8) In view of the agreement of Punjab authorities for their N.W.F.P, Sind, Baluchistan and East Pakistan. Thus
self-serving purposes, in 1948, to pay seigniorage charges to without spending anything Punjab was demanding
India for the waters used by Pakistan after partition, thus development at the cost of other provinces of Pakistan.
recognizing the right of India to cut off waters from the date ('Wahab Shaikh'-Sindh Case, P.88) (13) When Punjab
of partition, the Indus water Treaty 1960 gave the right to authorities talked about replacement supplies, it should
India to the three Eastern Rivers from the date of partition, have been understood that their demand over and above the
and not the date of signing the Treaty. real replacement demand was for development of Punjab
and not for replacement supplies to the old canals. It was
(9) Any level of uses higher than the one enjoyed up to the therefore necessary that a line of demarcation was drawn
15th of August, which may have been developed between the replacement component and the development
subsequently, after the partition of the Sub-Continent, could component as available from the total system of works.
not be the level for the purpose of replacement under Article
IV (i) of the Treaty. Thus what were lost by Pakistan were (14) If Punjab had to develop water potential, it had to
the water supplies that this country was getting from the spend huge sums of money and that would have been borne
Eastern Rivers up to the 15th of August, 1947 and the level by the Punjab and not by the other provinces of Pakistan for
of uses which these particular canals had attained by the Punjab. Therefore the real question of true replacement
15.8.1947. supplies had to be determined, keeping in view all the above
aspects.(ibid, P.89)
(10) While deciding the quantum of replacement supplies, it
had to be determined as to what was the dependable (15) Since all the provinces of Pakistan had to bear the
availability in the Eastern Rivers flowing down to Pakistan burden of replacement supplies, it was necessary that limits
on the cut off date. This availability had to be determined on of replacement were not exceeded and Punjab should not
the normal basis viz 3 to 4 year basis. Thus when it was have got more water for its own development at the cost of
claimed by Punjab authorities that supplies of 24 MAF were others on the plea of replacement supplies.(P.90) (16) The
67 68
development supplies made available by carrying out of other provinces including Sindh where the salinity problem
works under system of works had to be equitably shared and reclamation requirements are more serious. (6)Whereas
between all canals in West Pakistan keeping in view the no reclamation supplies were provided for Sindh canals. As
availability of ground water.(P.93) It is the contention and much as 5.5 MAF additional water, which is more than
the case of the people of Sindh that having set themselves Mangla Dam capacity, was provided only for the Punjab
up as the sole owners, dealers and distributors of the waters canals.(7)The canal uses as conceived by the Board were
of Pakistan, the Punjab authorities, through IBAB, in much higher than their allocations even in the case of
violation of even the biased terms of the appointment of the developing projects. On the other hand, the concept of IBAB
Board, purported to apportion these waters according to uses, so far Sindh canals were concerned, was even less than
their sweet will:- (1)For this Board, Pakistan was the other their historic rights i.e. allocations. (8) The un-usable flood
name of Punjab. While talking about Pakistan, it generally flows of Chenab and Jhelum were added to the Indus flows,
meant only the province of Punjab. (2) It paraded Punjab there by creating artificial shortage in the Tributary zone and
authorities avaricious and never ending demands for more justifying the transfer of Trimmu, Punjnad and Islam to the
and more water at the cost of other riparian specially Indus. Commenting on the high-handed, insatiable and
Sindh, as "the essential needs of Pakistan" in the working limitless demands of Punjab authorities over the common
paper it prepared for Ayub Khan, the then President of waters, Sindh's representative before the Fazal Akbar Indus
Pakistan on the eve of the World Bank Mission's visit to Water Committee, Mr:A.W. Shaikh said 32 years ago in 1971:-
Pakistan in May 1959. This paper was included in the
"The demand of water by the Punjab has no limit. It is not
Pakistan Government Report on the negotiations with the
the allocations or the existing higher uses for which the
World Bank Group on 16th to 18th May 1959. Specifying
"Pakistan's essential needs" the Board said " The Pakistan's Punjab is demanding water but they also demand that
essential needs are increased uses of the linked canals (of further development component should also be added. If
Punjab-R.B.P)"(para 4(b) P:15 of the Report). "On the such demands are accepted then the level of uses of the
Tributary Rivers (of Punjab-R.B.P) alone 23 MAF is Punjab Canals will become almost double the previous
required for the eventual control of salinity and that allocations and hardly anything will be left from the existing
immediate requirement is 3.5 MAF."(3) It practiced jugglery flow waters, storages or future storages to pass down to
with facts and figures and invented its own concepts and Sindh as these Punjab requirements intents will first have
terminology e.g. Zoning, Indus Basin Settlement Plan and to be met. If all that water goes to the Punjab canals, the
Indus Basin Project etc to serve its partisan objects. (4) It ruination of Sindh Agriculture is certain. The signs of
did the planning in such a way that in the case of Punjab increase in the salinity have already started showing up in
instead of using the allocations for the developed projects, it Sind due to shortage of canal water."("Presentation of Sindh
adopted their increased developed uses up to 1956, where as Case Before The Indus Water Committee" P: 10).
in the case of Sindh projects, the proposed Provision was After unilaterally selling away 3 out of its 5 rivers, Punjab
made less than what was already allocated to them under authorities still had Chenab and Jhelum, plus abundant
the Sindh Punjab draft agreement 1945 which had been rain water as well as ground water, the quantum of which is
fallowed in practice long years after Punjab refused to ratify under stood to be far in excess of the combined total water of
it. (5) The planned system of works had a lot of development Mangla and Tarbela dams. During the Indus treaty
components. These substantial additional supplies were negotiations, Punjab authorities demanded further water
reserved for the Punjab canals for reclamation requirements works as part of replacement supplies, through foreign aid,
over and above their developed uses, leaving nothing for the at the cost of all the provinces of Pakistan including East
69 70
Pakistan. The World Bank, which had to arrange the loan, It was the policy of the Pakistan side regarding the
at last agreed. negotiations with World Bank, India and other international
donor countries, that in the process of international
"…the Bank has provided two storages, Mangla 4.75 MAF
negotiations, the opportunity for getting maximum benefits
and Rohtas 2.1 MAF. They claim that these two storages for Pakistan in the form of maximum amount of foreign aid
apart from complete replacement will provide at least 2.0 and maximum number of replacement and development
MAF for reclamation and development."(Report on the works, should not be lost merely because no immediate
negotiations with the World Bank, P.17, Para 13) internal agreement was in existence or easily achievable, as
Thus the authorities of Punjab, the upper riparian, managed to which works for which precise purpose should be
thoroughly to exploit their unique, although illegal position, constructed where. It was given to understand that it was
as the sole representatives of Pakistan, to the exclusion of immaterial what precise reasons and particulars were given
the other affected provinces, to do whatever they liked to the in justification for obtaining foreign aid for a particular
detriment of their century-long co-sharers and adversaries project, so long as these yielded maximum amount of such
in the over-a-century long water-dispute. They were going aid for constructing maximum projects, for not only
ahead to get not only more than required replacement replacement purposes but also for development purposes.
supplies in the shape of flow water of Jhelum and Chenab The idea was that not only the actual losses due to sale of 3
and stored water of Mangla dam but further very rivers should be covered but irrigation water should be
substantial development supply in the shape of Rohtas dam. made available for cultivating new lands in West Pakistan.
But they were not satisfied with mere replacement. On the Consequently as guaranteed by the central government,
pretext of having been forcibly deprived of 3 of their rivers through the Secretary of Industries, Government of
and consequently being in dire need of replacement supplies, Pakistan D.O letter NO Secy (Ind) 8735/54 dated 6th Nov
they wanted to capture the mighty Indus, stage by stage and 1954, addressed to all Provincial Governments, extract
to steal and plunder the last drop of its waters, even if it given below, all plans and schemes prepared and positions
resulted in turning the lower and weakest riparian virtually taken by the central government in connection with the
into a desert. So they demanded Tarbela dam on Indus. negotiations with India and other foreign powers were to be,
so to say, for foreign consumption, without prejudice and not
"Tarbela should be included in the plan even if it means to be binding, as between the co-sharer parties in the Indus
excluding Rohtas for the present Rohtas is an easy storage Basin viz Sindh, Punjab etc:
to build and Pakistan can take it in hand later.(ibid Para
17[d]) "To facilitate the negotiations on the Indus Basin Water
Dispute and position as among various units of West
Expecting resistance from the donors for such an Pakistan, I would like to confirm that all material supplied
extravagant demand, Ayub Khan suggested, that, even if to the Central Govt. by the various units and all arguments
the World Bank and other donor countries do not agree to advanced, material prepared or positions taken by the
give aid for construction of Tarbela on Indus at that time,
Central Govt. in it's negotiations with India are completely
Tarbela should be kept on the demand list for construction
without prejudice as to the legal rights of any of the units. It
at some later time.
is essential in the national interest to present a unified
"..the President told the Bank that if it does not agree with point of view for Pakistan as a whole. Any point of dispute
Tarbela, the Bank should at least take note of it and between the Units in Pakistan will be resolved in a fair and
recognize the necessity of Tarbela being built at an early equitable manner if necessary by the appointment of an
stage."(Mr. Wahab, ibid, P.61) impartial commission by the Central Government'."
71 72
This solemn legal guarantee was repeated and reiterated completed by Pakistan expeditiously. If within a transition
from time to time by the highest authorities of the country. period of up to 31st March 1970, the same were not
completed, Pakistan would have had to obtain extension of 3
".It would be pertinent to mention that a presentation on the
Zoning Concept was made by the Sindh Representative in years more for the completion of the same on the payment of
the proceedings of the Commission for Apportionment of a specified sum. Pakistan however completed all the works
Indus Waters during its session held from 20th to 30th April for replacement supplies including Mangla dam 2 years
1980, and the Chairman of the Commission, Justice Anwar- before the specified time limit.
ul-Haq was pleased to remark: Hence it did not ask for any extension, permitted by the
'Whatever may have been adopted in negotiations with Treaty for any non-completion of the replacement part of the
India, it is quite obvious that it is not to prejudice the rights System of Works, clearly establishing that all replacement
of the provinces. That would be my understanding of the in the Tributary Zone could now be met without Tarbela.
whole thing. For negotiations with India you can take
various positions.' (Abrar Qazi "Kala Bagh Dam" P:72-73) Hence Engineer Mr. Kirmani's observations, at page 14 in
I.B.P 265, which was published on the completion of Mangla
"..the fact is that we were given assurance that whatever is Dam by the end of 1968: "Thus by March 1968, two years
being put in the Plan is for external consumption and that
ahead of the deadline specified in the Treaty, replacement
we need not worry. This assurance was again repeated and
discussed in the West Pakistan Government Cabinet works east of Jhelum costing 1107 million dollars, were
meeting held on 13. 11. 55 of which the copy of the Minutes completed enabling Pakistan to stand on its own, without
has not so far been supplied to us inspite of our best efforts. the fear of any action by India on the Eastern Rivers."
The fact remains that we were always told that Tarbela When the former Prime Minister of Pakistan Mr. Firoze
Dam is for Sind. (Wahab Shaikh-'Sindh Case' P.17) Khan Noon visited the site of the Mangla Dam when this
Hence the terminology and conceptual frame-work replacement work was still in progress, he was glad that
unilaterally adopted by Punjab engineers in IBAB and "with this replacement, Pakistan is going ahead in securing
elsewhere, during international negotiations e.g. the terms herself more independence", but he was sad that it was not a
Zoning system, Indus Basin Settlement Plan, Indus Basin development dam but merely a replacement dam i.e, a dam
Project etc were not legally binding for a number of reasons for making good the loss of three rivers by feeding the
and could not be imposed upon Sindh to its detriment. affected canals including Trimu, Islam and Panjnad. He
Once decision was taken to get massive structures constructed observed "the sad part today is when one visits the site of
through foreign help and assistance, Pakistan had to justify Mangla dam and sees this mighty engineering feat in
the construction of huge dams like Tarbela Dam on Indus. If progress, when one has to remind him self that all the
any replacement burden was shown to be put on Indus in the money is being spent not on the development but merely on
IBAB plan and consequently in other papers, it was purely for replacement."(Sir Feroze Khan Noon "From Memory" P.264)
justifying the construction of Tarbela Dam and not for legally
and practically binding Sindh to acquiesce in Indus's actually Thus Mangla being a replacement dam was constructed at top
shouldering the unjust burden. priority. It was not a development dam and irrigating new
lands was basically not its job. Its main job was to feed canals
Mangla was to be the replacement dam for the canals
including Islam, Trimu and Panjnad previously fed by the
affected by the sold three rivers, not any other.
three illegally sold rivers. When the construction of all the
In the 1960 Indus Water Treaty it was stipulated that the replacement works including Mangla replacement dam were
construction of the works for replacement supplies would be completed around 1968, the Tarbela dam was non-existent. It
73 74
was not a dam meant for top priority construction like schemes which originally were solemnly declared to be only
replacement works, which had to be completed within the for foreign consumption, were now, after the completion of
stipulated transitional period as required by the Treaty, as the Punjab versus the foreign countries and institutions
stated above. negotiations to the total advantage of Punjab and total
disadvantage of other provinces specially that of Sindh, to be
This reflects the fact that there was no hurry for another
binding on all concerned, including Sindh.
dam, other than Mangla, as what were urgently needed
were the replacement supplies for the effected canals which One item of their pride of "impartial national planning"
were to be provided in full by flow waters of Chenab and performance was the creation of two illogical and artificial
Jhelum plus a portion only of the stored water from the water zones in Pakistan, the Indus zone and the tributary
Mangla dam. zone separated by the Chinese wall of opposite and
contradictory functions. The functions the Indus zone was
As stated earlier, Punjab authorities, through their
assigned were to get not even a single drop of its share from
subservient central government, invoking national interests
the common waters in the other zone but give away every
and sentiments of patriotism, called upon all concerned
thing it had to the other zone even, if necessary, at the cost
parties including Sindh, not to be unduly, perturbed if any
of starving the big family of its own canals solely dependent
argument, arrangement, plan, project or other bargaining
upon its life-giving waters for the very lives of the crores of
tactic or strategy which was formulated and presented
people of the concerned areas. On the contrary, the functions
during the negotiations with foreign authorities, appeared to
assigned to the other, the so-called tributary zone was not
conflict with their specific positions and interests. It was a
only not to part with a single drop of the so-called Indus
national necessity they declared in effect, to prepare and
zone's share of common waters within it but to obtain the
present for foreign consumption only, of course, apparently
bulk of waters from the other zone through leech-like robber
appropriate and convincing details, particulars and
canals including Chashma-Jhelum and Taunsa-Panjnad link
arguments to the international donor community, in order to
canals. So one so-called zone was to be a solely giver zone and
provide to them necessary justification for getting maximum
the other was to be solely the taker zone. Sindh was placed in
possible foreign aid sanctioned for Pakistan. They planned
the solely giver zone and the Punjab in the solely taker zone.
all kinds of projects for providing replacement supplies,
specifying all kinds of supply burdens from here and there, The stand of the Sindhi people is that the ex-parte
making them appear logical, rational, fully justified by proceedings of negotiations regarding the artificially created
ground realities and what not and as absolutely Pak-India water dispute in furtherance of the Jullunder
indispensable for the progress and prosperity, nay, the very conspiracy between the representatives of both the post-
existence of the whole of Pakistan. Partition parts of the former undivided Punjab, the
subsequent appointment of IBAB and all its plans, schemes
As evidenced by the government of Pakistan letter No: Secy
and final decisions adversely affecting the fundamental legal
(Ind) 8735/54 dt: 6-11-1954 referred to above, all this was
and constitutional rights and interests of the lower riparian
supposed to be meant for foreign consumption only, without
Sindh, were and are ex-parte, illegal, in utter violation of
any prejudice to and not binding any of the affected parties
the universally recognized natural rights, without
including Sindh. But as soon as the negotiations were over
jurisdiction, of no legal effect and void abinitio.
and the foreigners went home, the Punjab authorities and
their subservient central government mouth- pieces, staged This totally arbitrary, malafide, self-serving, transparently
a 180 degrees turn, and declared that every word of all their fraudulent zone system which, incidentally, is not
plans, positions, pronouncements, classifications and mentioned in any of the three international documents
75 76
concerning the 1960 Industrial Treaty, imposed ex-parte were water claims continuously in dispute between the
and maliciously by IBAB to defraud Sindh of its vital rights Sindh and Punjab provinces of undivided India. Partition
and interests, is totally unacceptable, illegal, of no legal drew the border between India and Pakistan right across
effect as against the historic life and death interests of the the Indus system. Pakistan became the downstream
people of Sindh. It has been regretfully observed by the riparian, and the headwork of two of the main irrigation
people of the smaller and weaker provinces, that since, in canals in Pakistan were left on the Indian side of the border.
view of the undeclared but practical unitary instead of I knew very little about the problem, so I asked for
federal, form of government in operation in Pakistan from elucidation. The West Pakistan government sent two
the very beginning, any ruler from provinces other than the engineers (Both belonging to Punjab- RBP) who explained
Punjab, like Liaquat Ali Khan, Hussain Shaheed the case in great detail to me.
Suhrwardi, Iskandar Mirza, Ayub Khan, Yahya Khan,
"The World Bank conceded our demand for the construction
Zulfiqar Ali Bhutto etc, publicly paraded on the national and
of a system of replacement works. The World Bank team,
international stage as iron men, dictators, great leaders, headed by its President, Eugene Black, offered us the
Generals and field Martials and what not, could remain in Mangla Dam plus certain headworks and the diversionary
power and some times even alive, only while they slavishly and link canals. They also offered a dam at Rohtas near
served the anti-democratic, anti-people anti national and Jhelum. ".before I write of the negotiations with Eugene
hegemonic vested interests of the Punjab elites and Black, I should like to describe the confrontation I had with
authorities. our own technical experts and administrators.(All belonging
Ayub Khan was no exception. So far as slavishly serving the to Punjab- RBP) I sensed that they did not fully realize the
above hegemonic vested interests was concerned, he allowed gravity of the situation and were asking for the moon...They
were.. trying to dictate policy and were taking up extreme
himself to be led by the nose, there by laying down the
positions. Some thirty or forty of them were assembled in
foundation of Bangladesh debacle etc. He abjectly Governor House, Lahore.
abandoned all pretense of ruling as an impartial President
of all Pakistanis with fairness and equity and allowed "…they were firmly of the view that in addition to a dam on
himself to be lorded over by the Punjab authorities, not the river Jhelum at Mangla, we should need a dam at
caring a hoot for the long term interests of justice, national Tarbela to store the surplus flow of the Indus River. The
unity and solidarity. He became a willing tool in the hands difference in cost was of the order of about 200 million
of the Punjab engineers surrounding him. He allowed dollars. This was a staggering figure, and I knew that when
Punjab authorities to pocket all the foreign aid billions Eugene heard it he would hit the roof. And so he did. But I
obtained on the pretext of replacement and development for told him, and I quote the words as I recall using them: 'I
all of West Pakistan. He hand over virtually all the waters have been around these areas which are going to be affected
by the withdrawal of waters by India. People have told me
of Pakistan, to save its share of which, Sindh had struggled
very plainly that if they have to die through thirst and
during much of the twentieth century, to the dominant
hunger they would prefer to die in battle and they expected
province. He went to the adventurous extent of threatening me to give them that chance. Our Jawans and the rest of the
a war with India if foreign aid for constructing the Tarbela people feel the same way. So this country is on the point of
dam for siphoning off and plundering the Indus waters in blowing up if you don't lend a helping hand."(Ayub Khan
their entirety, was not furnished. "Friends not Masters"P.108-110)
"The sharing of the waters of the Indus system had been a It may be noted that only the Surplus flow of Indus was to
matter of dispute for many years. Before Partition, there be stored at Tarbela.
77 78
Needless to reiterate that under the sub-continental, authority and its autocratic willful, and reckless exercise,
international and Indo-Pakistan law before sanctioning such had learnt from experience that they were the real masters
a potentially controversial gigantic project like the Tarbela, of Pakistan and owners of all its resources and sources of life
the rights and interests of all the concerned co-sharers and livelihood, had no use for fair apportionment, equity
specially Sindh had to be taken into consideration properly and justice. After completing the lawless misappropriation
in advance just as it was done in days of the British Raj. of all the waters of all the five Punjab rivers, the Indus
"One of the terms of reference of the Anderson Committee tributaries, they straight-away proceeded to loot and
appointed in 1935, was " the possibility of finding such plunder the waters of the Indus the last remaining source of
supplies, without detriment to the parties interested in the the life of the lower-riparian Sindh, through the link canals
waters of the Indus and its Tributaries and the effect upon ostensibly constructed for conveying only surplus waters of
the existing rights of these parties, of any fresh withdrawal, Indus to Punjab canals known in Sindh as robber canals, on
the authorization of which, the committee may recommend." all kinds of phony pretexts, thereby intensifying the
desertification of Sindh which has now reached alarming
"The Rau Commission, specifically recognized the damage to
proportions. "The perception of the people of Sindh about the
Sind Canals by the construction by the Punjab of the Dam at
modus operandi of WAPDA and the Government of Punjab
Bhakra on Beas and not only provided that two new projects
works out as under:
in Sindh be constructed to give an assured supply of water
to its Canals but that a portion of the cost of these works i. Allow the civil works or the canal system to be constructed
amounting to Rs.2 crores be borne by the Punjab for that as projects of national survival.
purpose. (Wahab Shaikh 'Sindh Case', P.15)
ii. Request for surplus water for staunching, leak testing,
But for usurper generals and dictators like Ayub Khan, the saving the link from choking or whatever.
country they succeed in getting into their clutches with its
resources, becomes their personal Jagir and property, its iii. Run the surplus water for a few years to establish
population their slaves and their sweet will the supreme law precedent and to develop water users who will then apply
of that unfortunate land. tremendous pressure to keep the water supply running.

There is a lot of money for the rulers, in fact billions, in the iv. Force the lower riparian (or don't even ask) to accept the
business of constructing national dams, canals etc. Every fait accomli and keep the water supply running since the tap
body including the present rulers, know that Ayub Khan did is always in the hands of the upper riparian. (Kazi Abrar
not became any poorer through such building activity. They, Ahmed, 'Kala Bagh Dam',P:80) As soon as the "robber"
in fact, want to gain from his experience. canal, the Chashma-Jhelum link canal was completed in
1973, Punjab authorities came out with their pretext for
"Ayub needed a guarantee against personal degradation getting it opened for plunder.
which was given to him by me personally. Ayub had made a
lot of money and he genuinely wanted time to enjoy it. No In a "summary" for the Chief Minister, Mr. A.W. Shaikh,
one knows better than me why Ayub had quit." (General S.K secretary for Irrigation and power, Government of
Yahya quoted in "The Breaking of Pakistan" by A. Basit, Sindh, wrote, under the subject "Opening of Chashma link.
P.120) During Kharif 1973":
As for the Punjab authorities who during the course of "A proposal for opening Chashma-Jhelum Link for the
Pakistan's chequered history of repression of the deprived current Kharif, has been received under WAPDA's NO
sectors and weaker entities and peoples, usurpation of state CE/WMC-49/259 dated 18.6.1973 (Flag A) with the objects of:
79 80
i. Meeting the operating needs of the safety of banks against supplies in Indus, although this Link was only opened for
sloughing. staunching and testing purposes for meeting the contractual
obligations purely as an ad-hoc arrangement."
ii. To save the link from choking in the lower part due to wind
blown sand and, The Secretary Irrigation Government of Sindh was
apprehensive, as far back as 1973, that C.J link canal
iii. To monitor the seepage losses from the link at various
would, much like the T.P link canal earlier, be requested to
discharges required to draw anti-water logging schemes
be opened for technical reasons which would set a precedent.
along the link canals. In this connection it may be pointed
After a few years it will be kept permanently open as a
out that a similar request to run the Chashma-Jhelum Link
matter of right. Following is the reproduction of the Interim
during Kharif 1972 was received last year which was not
Accord between Sindh and Punjab, signed on 3rd July 1973:
accepted by the government of Sindh.
MINISTRY OF PROVINCIAL COORDINATION
As regards the fresh arguments nos.(i) and (ii) the same are
GOVERNMENT OF PAKISTAN
not valid as the link has been constructed mostly in cutting
LAHORE
and whenever it is in embankment, it has been constructed
on international standards. Moreover the link has been fully INTERIM ACCORD
tested for 134 days (from 26.5.71 to 6.10.71) and 83 days
OPENING OF THE CHASHMA-JEHLUM LINK DURING
(from 5.7.72 to 25.9.72) which is by no means a short
THE 1972
duration...(P: 76)
Pending a final decision by the president of Pakistan on
As regards argument No.(iii) in asking for opening of the
apportionment of waters of the Indus System which inter-
link to monitor the seepage losses to draw anti-water
alia would also ascertain the operational criteria of Indus
logging schemes, both the WAPDA and Punjab Government
links, a joint meeting of Sindh and Punjab Irrigation
have asked the Central Government to finance this project
Ministers convened by Control Minister for Provincial Co-
terming it as consequential work to the Indus Basin Project.
ordination, Mr. Abdul Hafees Pirzada, reached interim
In case of the Taunsa-Punjnad Link, the Punjab Irrigation
accord in Lahore today.
department has succeeded in creating artificial water-
logging on both sides of the Link by running it at full Governor Punjab; Central Minister for finance; Central
capacity even when not a drop of water is required for Minister for Information and Chief Minister Sindh were
transference to Punjab Canals (presently over 130,000 present.
cusecs are escaping below Punjnad and yet the Taunsa-
In the month of July, there is more water available in the
Punjnad Link running at a discharge of 5000 cusecs).
Indus system than the requirements of its Canals. In fact there
Likewise, the Punjab Irrigation Department desires to flow
are escapades to the sea, both from the Indus Main and the
the Chashma-Jhelum Link, as without it's flowing, it will be
Tributary Rivers and therefore there is no need to transfer
difficult for them to justify the anti-water logging project.
Indus surplus water through the Chashma-Jhelum Link.
It is evident that they want to open it (the C.J Link) on ad- Nevertheless it has been decided to allow a flow of water in the
hoc basis now and then continue to run it by emphasizing Chashma-Jhelum Link. This meets the request of the Punjab
"status quo" later on. The Sindh canals have already Government whose object is to keep the lower section of the
experienced great damage to the sustenance of their Link alive. It has also been agreed that this flow will be on a
agriculture by unilateral operation of Taunsa-Punjnad Link, purely ad-hoc basis and will not create any right for
both in Kharif and Rabi, even at times of acute shortage of subsequent flowing.
81 82
In the event of a request made by the Chief Minister Sindh Still the permission of Sindh Government kept on being
on the erratic behavior of the River Indus, the WAPDA shall sought every year till 1985, an acute year of water shortage,
immediately close the Chashma-Jhelum Link. when the total flow in the Indus River System was a
July 3, 1973 subnormal 118 MAF. That year General Ghulam Jilani,
Governor of Punjab and Safdar Butt, Chairman WAPDA,
Sd/- Sd/- especially flew out to Chashma and got the C-J link canal
(ABDUL HAFEEZ PIRZADA) (GHULAM MUSTAFA
opened. Since then even the facade of asking the Chief
KHAR)
Minister for Provincial Co-ordination. Governor Punjab Minister of Sindh was dropped and the T-P and C-J link
canals continue to operate at maximum capacity, even in
Sd/- times of sever shortage in Sindh.
(MUMTAZ ALI BHUTTO)
Chief Minister Sindh. Throughout the history of Pakistan, the policies of the
Pakistan establishment, dominated by Punjab elites and
The points to note this Accord are: authorities, has all along been to impose its peculiar
i. The plea of Punjab to open the C-J Link was "to keep the hegemonist demands and decisions through autocratic
lower section of the link alive". means. Whenever it finds that it cannot get its way under a
"normal democratic rule", such as it is ordained by the world
ii. It was agreed that the flow of July, 72 will be on a purely powers that be, in the neo-colonies of the third world, it
ad-hoc basis and will not create any right for subsequent resorts to draconian laws, mutilation and destruction of state
flowing. and government institutions and structures such as dismissal
iii. In the event of erratic behavior of river Indus, on the of governments, dissolution of legislatures and subversion
request of Chief Minister Sindh, WAPDA shall immediately and manipulation of political, electoral, administrative and
close the C-J Link. judicial processes, civil and military dictatorships, military
actions etc. As per the central government assurances in the
But only three months after this solemn accord, by October fifties, mentioned above, that the respective claims and
1973, the position had drastically changed and Mr. Ghulam interests of the provinces / units would not be allowed to be
Mustafa Khar, then Governor Punjab, wrote to the Governor adversely affected by the policies and positions adopted by
Sindh, vide letter No. GS/B/173, dated Oct 16, 1973: Pakistan for external consumption, during the international
negotiations about the Indo-Pak water dispute, but would be
"It has been stated that this link (Chashma-Jhelum link adjudicated by special commissions appointed for the
canal) was a pipeline to operate intermittently for transfer purpose, one Committee viz Akhtar Hussain Committee (in
of surplus water under certain conditions. I regret to point 1968) and three Commissions viz Fazal Akbar (in 1970),
out that this is not the correct position. The link has been Anwarul Haque (in 1981) and Haleem (in 1983) Commissions
constructed for continuous operation, like all other canals, to were appointed for the purpose but Punjab authorities
meet the requirement of the Haveli canals and Lower Sutlej refused to budge an inch and continued to retain all the huge
Vally Canals. It will have to be so operated on the illegal, immoral gains they had obtained through illegal and
completion of Tarbela Dam. Of course I know that the void abinitio decisions of the central government including
government of Sindh has somewhat different view on the those under the cover of the undemocratic and repressive
subject. I am confident that these differences will be soon One-unit and Martial law regimes.
resolved."(P.71)
In an attempt to close for all times, the door for any further
The Punjab authorities were at their old game of signing
proper and just adjudication of all the injustices done to
accords when needed and tearing them off, at the earliest
available opportunity, when no longer advantageous. Sindh in the matter of its share of Pakistani waters, during
83 84
so many decades, they resorted to a very simple and crude 3. The illegal, unilateral and exparte sale of the three
new stratagem. common Pakistani rivers Ravi, Bias and Sutlej to India and
payment of signiorage money to it, to make the deal fool-
In 1991, a PPP feudal Quisling, Jam Sadique Ali, who was
proof by West Punjab, behind the back of Sindh, apparently
earlier involved in political murder cases, was imposed as
the Chief Minister of Sindh through a reign of terror in pursuance of the Jullander secret deal.
reminiscent of the terror resorted to for imposing One-unit 4. The undeclared boycott of the Arbitral Tribunal by both
in the fifties, and made to sign a brief paper purporting to sides apparently in pursuance of the Jullunder agreement,
decide the over-a-century long Sindh-Punjab water dispute facilitating the stoppage of water by the Indian side to the
which seven Indo-Pak Committees and Commissions with dependent Pakistani canals at the expiry of the interim
their voluminous deliberations, lengthy reports and awards period.
had failed to resolve. It was very simple. All the loot and
plunder from Sindh's share of Indus System-water during 5. The matter being manipulated by both sides as per
the 1859-1991 Sindh-Punjab water dispute, were simply Jullander agreement and artificially blown up as an
ignored. Seven more MAFs equal to about half the combined International crisis.
capacity (14.6 MAF) of both Mangla (5.3 MAF) and Tarbela
(9.3 MAF) were given to Punjab over and above the 1945 6. The Constitutional Assembly was dissolved, East Pakistan
allocations with nothing more for Sindh. was deprived of representative government, provincial and
autonomous, status of Sindh, N.W.F.P., Baluchistan and
This was the much-heralded 1991 accord. After three years Bahawalpur was done away with and Martial Law was
a forgery in the minutes of a ministerial meeting reduced imposed thereby creating for all practical purposes a state of
even that allocation of Sindh. This was the notorious 1994 total lawlessness, ultimately dominated by the unholy
ministerial meeting "accord". alliance of foreign powers and the elites and authorities of the
To sum up: - dominating province and its nominee rulers for the time
being, including military and civil strong men from provinces
The present illegal and void abinitio position of the
/ regions outside Punjab.
apportionment of Pakistani waters of the Indus river
system, is built on the illegal, foundations of the following 7. Indo-Pak negotiations for settling the artificially created
illegal acts:- dispute was illegally held behind the back of the lower
1. The decision of the central Government of Pakistan in riparian No.3, Sindh and others.
1947 at the time of the partition appointing a negotiating 8. Ayub Khan illegally and immorally created a planning
body solely comprising the officials of one only of the several body named IBAB,as the virtual sole owner and distributor
Pakistani riparian of the rivers of the Indus System viz the of all Pakistan waters of the Indus river system to the
then West Punjab, for settling the matter of the exclusion of other co-riparian, co-sharers and co-owners
apportioning of the Indus River System waters between including Sindh.
India and Pakistan.
9. The illegal malafide and immoral plan of the IBAB was
2. The 1948 illegal secret and yet to be officially disclosed, prepared and illegally and immorally approved by Ayub
Settlement Agreement arrived at with the Indian side at Khan government whereby, by false and bogus figures the
Jullander by the authorities of that one of the Pakistan loss of water suffered by West Punjab due to its own
riparian, behind the back of the others including the over-a- authorities illegal, unilateral and conspirational sale of the
century long aggrieved riparian Sindh. three common Pakistani rivers to India was inflated and
85 86
that by Sindh was reduced, thus illegally and wrongfully the illegally sold-out eastern rivers was merely a make-
allotting Punjab almost double the quantum it deserved to believe formality to satisfy the requirements of the
be allotted and Sindh almost none. satisfaction of the donor countries, that each work
constructed with their money would satisfy specific basic
10. Billions of dollars were obtained from India, World Bank
needs of the recipient country.
and other western countries on account of whole of Pakistan
for the construction of works for the replacement of the above 13. The world Bank had determined after proper evaluation
mentioned self-created losses and further development of the of the situation, that, all that was needed for the Punjab
whole of West Pakistan but not a penny of it was spent on Canals including Trimu, Panjnad and Islam, affected by the
any other province / region of Pakistan except Punjab and not illegal and conspiratorial sale of three common Pakistani
a single work or project of any kind was constructed or rivers by Punjab authorities, besides the supply to them of
commenced in any province / region other than Punjab the flow water of Chenab and Jhelum, would be a portion of
though every penny of the loan was to be paid by all the the waters of the dam specifically built for the purpose viz
provinces / regions of Pakistan including East Pakistan and Mangla on Jhelum with a capacity of 5.3 MAF which
not by Punjab alone. incidentally fulfilled the requirements of expedition and
11. That the Pakistan government by its letter mentioned economy demanded by the 1960 Treaty in as much as it was
above, expressly made a decision to have a plan (and all that a 100 miles nearer to the affected canals than, say, the
goes with such plans viz schemes, classifications, systems, proposed Tarbela dam and hence was liable to suffer a far
terminological and conceptual frame work etc) for external less quantum of system losses than the other proposed dam
consumption, i.e a plan only to satisfy the foreign donors that viz the Tarbela which of course was not in existence at the
their aid was well-justified and they were granting / lending relevant time i.e the time of the expiry of the period
money for well-thoughtout and well-planned specified and stipulated in the Treaty for the completion of all works for
feasible projects for specified purposes, without binding any providing replacement supplies to the affected canals of
Pakistani interested parties viz riparian’s. But when the Punjab.
above purpose was served and the required money was 14. Mangla dam was accordingly constructed quite some
assured and such agreements finalized, the Punjab time before the expiry of the period given in the 1960 Treaty
authorities turned back and insisted that the "plan" of IBAB
for the expeditious and economical completion of all works
was to be implemented as a legally binding document arising
for providing replacement supplies including Mangla dam.
from and intrinsic to the 1960 Indus Water Treaty entered
into by the Punjab authorities and the central government 15. In fact even the other dam proposed by the world Bank
behind the backs of the smaller provinces / regions. The viz Rohtas dam was not needed for the replacement supplies
Pakistan government authorities acted accordingly, thus proper as it was specifically stated by the World Bank that
defrauding the smaller provinces including Sindh of great these two dams would provide 2 MAF for development viz
quantities of water of their share. for irrigating new lands in the whole of Pakistan.
12. Sindh was all along told by the central authorities that 16. But under the pressure of Punjab authorities exerted on
Tarbela was being constructed to make-up for its water Ayub Khan and his consequent threats to the World Bank at
losses due to the sale of three common rivers and for the very last moments of the last meeting. that if a bigger
development of lands of Sindh and that the provision in the dam like Tarbela was not constructed with the aid of World
so-called plan of IBAB that Tarbela would also feed Trimu, Bank and others, Pakistan would be compelled to resort to
Panjnad and Islam canals which were formerly supplied by war with India so as to die fighting rather then starving for
87 88
lack of water, the World Bank, an institution known to be predecessor Generals. He is constructing the Greater Thal
under the influence of U.S.A and intrinsically connected Canal day and night for his generals and colonels. He also
with its global interests, in view of the close American- wants to build the Kalabagh dam, and several other dams
Pakistan ties at the time felt obliged to agree. and canals to prove to the people of Punjab that he can do
for Punjab's vested interests what Punjabi leaders like
17. That under the circumstances involving Tarbela on
Nawaz Sharif and other popular leaders like Bhutto and
Indus by Punjab authorities in replacement supplies for the
Benazir did not wish to do or could not dare to do. There are,
eastern canals Trimmu, Panjnad and Islam on the pretext of
of course, the little matters, of there being no spare water in
their self-invented zoning system, in any manner the Indus System for any dam building and canal
whatsoever was absolutely unjust, improper and malafide. constructing and there being a raging water-famine in the
This high-handed act of virtual brigandage neither had then province at the tail, the Sindh province. Then there are a
nor has now, therefore, any legal sanctity or effect. few other slightly in-convenient facts e.g that there are
Inflating the figures of water availability in the Indus people in the three smaller provinces in Pakistan who do not
System has been the traditional favorite pastime of the see all those enormous quantities of water in the Indus
Engineers of the upper riparian of the Indus System. They System which General Mushraf has been shown by the
fix an imaginary figure of availability by playing statistical WAPDA general-on-extension, General Zulfiqar, through
games and say "this much will be taken by us. The rest will the statistical mirages specially created by WAPDA for the
be for the rest of you, the other riparian." Most of the time, purpose. They are coming on the streets to protest against
what remains for the rest, after they have taken their lion's what they regard as a planned genocide of crores of
share, turns out to be merely a fraction of what was very Pakistani citizens.
generously allotted to them. Genghis Khan of the Gobi desert did not like cities. He ordered
This was done by IBAB and is being followed by WAPDA, a the conquered cities to be vacated, plowed and turned into
federal body in name and an extension of the Punjab grasslands for his horses and the citizens to be beheaded and
Irrigation Department in practice. On proper investigation buried in graves dug by them.
it would be found that the 1991 accord, the Kalabagh dam Hitler did not much like Russia, the Russians and Russians
project and almost all projects of the WAPDA are based on society, as it existed in the forties of the last century. So he
this permanent, never decreasing miraculously high ordered a few changes, to be made in the Russian socio-
availability of water in the Indus System, which some how economic and cultural system, if and when they were
vanishes, as soon as the Indus enters Sindh and almost conquered by the Germans in the Second World War. The
dries up ruining its agriculture. Today lower Sindh stands Russians were to have no colleges and universities, no
totally ruined by continuous acute water-famine since many industries and no cities. He ordered the re-making of Russia
years. once again into a primitive pastoral and agricultural society
producing and providing food and raw materials for
General Mushraf's military government does not feel obliged Germany.
to respect the law of the land regarding the respective rights
of the riparian. All generals were and are, of course, more General Mushraf appears to want to change a few things about
wise, more power full and more patriotic than other mortals, the geography and economy of Pakistan. He wants a beautiful
by definition and by virtue of their uniform. General desert on the Seacoast, on the southern side of Pakistan, in
Mushraf seems, however, bent upon proving that he is Sindh. In this Sindh desert, he wants the people to return to
wiser, more powerful and more patriotic than his entire the idyllic pastoral life of their distant fore fathers, rear cattle
89 90
and other livestock and produce healthy milk, butter and meat Each and every sensible man and woman, throughout
for cities. In the Thal desert, he wants to build a dream-land of Pakistani must do all they can to stop this.
an oasis for the generals, who, he hopes will soon become
The era of tyranny of rulers and forcibly imposed decisions
billionaire land lords of the famous Prussian junker type and
has gone on for too long. A new era of real democracy,
will rule Pakistan for ever and ever and make it a World
genuine federalism, equality, fair-play and consensus
Power.
building is long over-due.
General Mushraf is, indeed, not an ordinary general. He is a The bulk of Sindh's share of waters had already been
General of Commandos. And a Commando general is a illegally plundered, especially after the establishment of
Commando general and orders are orders. He seems to Pakistan and long before the 1991 accord, as stated above.
believe that since he has announced his orders about
building more dams and canals, there is nothing for the Mangla dam, built at the expense of all Pakistanis, as the
people of Pakistan but to obey. replacement dam for the illegally sold rivers, has been totally
misappropriated and transformed from a replacement to a
There is not to reason why basically development dam for irrigating new lands of
There is but to do and die Punjab. Tarbela, the development dam declared to be meant
Into the valley of death; for ".development and feeding of Sindh canals" has been
Rode the six hundred. forcibly captured by Punjab authorities who are using it as
their exclusive property. As the first charge upon it has been
(Alfred Lord Tennyson) imposed the providing of replacement and development
But the matter is not so simple. If wars are too serious supply of Punjab, no matter whether the minimum
matters to be left to the discretion of Generals, fair and requirements of the Sindh barrages are satisfied or not. This
equitable distribution of national water among the provinces is internal colonial high handedness, exploitation and
being a thousand times more complicated and sensitive terrorism in its most naked, blatant and cruel form.
matter than any war, even a war like Iraq war, cannot be Every further drop or cusec of water, that is being taken
settled by the orders of even a Commando general. For, Iraq now or will be taken hereafter, from the Indus System, for
war's destruction will remain for a decade or two. Man can any canal or dam, will to that extent, reduce the flow of
some how survive for some time without peace but never Indus System Water towards the province at the tail viz
without water. Judging by the past history, the locking up of Sindh and intensify its ruin and desertification.
Indus at Kalabagh will turn Sindh into a desert and destroy Justice demands that the above enormous injustices to Sindh
the lives of crores of people in Sindh and many more in from the first days of the establishment of Pakistan be rectified
NWFP. Sindhis and Pashtoons will have no where to go, before any further loose talk about further dams and canals.
except to fight for their existence. This is going to have The alleged wrong doers in this respect include Prime
consequences for the whole of Pakistan which could go far Ministers, Presidents and federal and provincial governments
beyond the longest possible rule of the present rulers and of the country. So what is needed is an impartial and powerful,
may prove to be worse than those of the East Pakistan international judicial forum of the UN, OIC and SARC level to
debacles. This cancer-like situation has to be stopped from decide the matter. Justice delayed is Justice denied.
developing at all costs. Pakistan has already suffered enough
from the adventures of Ayub Khan, Yahya Khan and Ziaul
Haques. It cannot afford any more adventures.
91 92
 (10) Collins, Larry and Lapierr, Dominique, 'Mountbatten and
Independent India', Vikas Publishing House Pvt. Ltd, Delhi,
1995.
( 11) Bakhsh, llahi, 'With the Quide-1—Azam During his Last
Days', Quid-Azam Academy, Karachi, 1978.
(12) Ahmed, Borhanuddin, `The Generals of Pakistan and
Bangladesh', Academic Publishers, lndia, 1993.
(13) Kazi Abrar, ‘Ka1a Bagh Dam', Creative Communications,
Hyderabad, 1998.
( 14) Khan, Jahandad, Ltd. Gen, 'Pakistan-Leadership
Challenges', Oxford University Press, Karachi, 1999.
Bibliography
(15) .Yousif, Hamid, 'Pakistan-A Study of Political
Deve1opments—1947-97', Sang-E—Mee1 Publications,
( 1) Choudhry, Muhammad Ali, 'The Emergence o f ‘Pakistan', Lahore, 1999.
Research Society of Pakistan, University of Punjab, Lahore, ( 16) Mc Grath, Allen, "1`he Destruction of Pakistan's
1989. Democracy', Oxford University Press, Karachi, 1996.
(2) Hayat, Sirdar Shoukat, 'The Nation That lost its Soul, Jung (17) Muhammad Munir. Chief Justice (Retd), 'From Jinnah to
Publisher, Lahore, 1995. Zia', Vanguard Books Ltd, Lahore, 1980.
(3) Noon, Firoz Khan, 'From Memory`, Printed in Pakistan, (18) Khan, Roedad, 'Pakistan a Dream Gone Sour', Oxford
1969. University , Press, Karachi, 1998.
(4) Ahmed, Mushtaq, 'Government and Policies in Pakistan', (19) Khan, Mohammad Ayub, 'Friends notMasters', Oxford
Royal Book Company, Saddar Karachi, 1988. - University ' Press, Karachi, 1967.
(5) Zuberi, Musarrat Hussain, 'Voyage Through History', (20) Basit. A, ‘The Breaking of Pakistan', 1ntikhab—e-Jadeed
Hamdard Foundation Press, Pakistan, 1987. Press, Lahore,
(6) Khurshid, K.H, 'Memoirs of Jinnah’, Oxford University (21) Gardezi, Hassan and Rashid, Jamil, 'Pakistan the
Press, Karachi, 1990. Unstable State'.
(7) Jalal, Ayesha, ’The Sole Spokesman', Sang-E-Meel (22) Shaikh, A.W.F, Chief Engineer Irrigation, 'Presentation of
Publication, Lahore, 1995. Sindh Case before the Indus Water Committee', Karachi. 17th
to 2nd May, 1971, Lahore, on 27th and 31st May to 1st June,
(8) Wolpert, Stanley, 'Jinnah of Pakistan', Oxford University
Press, Delhi, 1988. 1971.

(9) Akhund, Iqbal, ‘Memoirs of a Bystander', Oxford University (23) Soomro, G.K, 'Indus Water Allocation', 1980.
Press, Karachi, 1997.

93 94
(24) Indus Water Committee - The Punjab Brief, January,
1971.
(25) Monthly Law Journals, Published at 35-Nabha Road,
Lahore.
(i) Supreme Court Monthly Review, 1994, P2232, ibid,
Lahore.
(ii) Pakistan Legal Decisions, 1990, Supreme Court of
Pakistan, P666, ibid, Lahore.
(iii) Pakistan Legal Decisions, 1994, Lahore High Court,
P.353, ibid, Lahore.
(iv) Pakistan Legal Decisions, 1995, Peshawar High
Court, P.22, ibid, Lahore.
(v) Supreme Court Monthly Review, 2000, P. 1969, ibid,
Lahore. l
(vi) Pakistan Criminal Law Journal, 1969, P.1 193, ibid,
Lahore.
(vii) Pakistan Legal Decisions, 1967, Lahore High Court,
P.1 190, ibid, Lahore.
(viii) Pakistan Criminal Law Journal, 1992, P.242, ibid,
Lahore.
(ix) Monthly Law Digest 2000, P.77, ibid, Lahore.
(x) Pakistan Legal Decisions, 1966, Supreme Court of
Pakistan, P664, ibid, Lahore.
(xi) Pakistan Criminal Law Journal, 1991, P.1 13, ibid,
Lahore.
(xii) Civil Law Cases, 1997, P.768, ibid, Lahore.
(xiii) Civil Law Cases, l997, P.1O83, ibid, Lahore.
(xix) Qanune-Shahadat Prder, 1984, ibid, Lahore.
(26) (Article) Ali, Imran, ‘The Punjab under Imperialism: 1885-
l947' (review by Karamatullah K. Ghori, Daily 'Dawn’,
November, 2,2003).

95