LHC orders construction of Kalabagh Dam!!

[VCheng]

Exactly my thought.

A court wouldn't do the feasibility studies, environmental impacts etc would they?

Anybody familiar with the law on this forum?

If this is the case, then why doesn't the court run the whole country by ordering the government on everything? (I am not being supportive or against any party, just an observation).

Pity that nation where the Legislature passes laws without thinking about implementing them, and the Judiciary pass orders without enforcing them, and the Executive make decisions without ever being held accountable, and people put up with all that without much protest. And life goes on.

 

[Rafael]

Courts playing in the hands of PPP.

This will give a perfect opportunity to PPP/ANP/MQM to revive their politics.

Sad..

 

[VCheng]

Courts playing in the hands of PPP.

This will give a perfect opportunity to PPP/ANP/MQM to revive their politics.

Sad..

This is simply another manifestation of the Judiciary making their own attempt for grabbing power. It will not end well.

 

[chauvunist]

this damn dam is the need of time....its the victim of dirty politics....

 

[A.Rafay]

The Lahore High Court (LHC) on Thursday ordered the federal government to construct the Kalabagh dam in line with the recommendations of Council of Common Interest (CCI).
The order was issued by LHC Chief Justice Umar Ata Bandial during Thursday’s hearing of petitions calling for the construction of the dam.
The CJ LHC in his remarks said under article 154 the federal government is bound to implement the proposals.
Earlier, the petitioners had submitted that non-construction of the dam would render the country’s agricultural land barren. They had stated that the project was in the interest of all provinces and objections were of a technical nature, which could be removed.
The petitioners had said the technical committee on water resources on April 11, 2005 had given green signal for the dam’s construction. They had moreover submitted that the court should issue a clear-cut directive for the completion of the project.
They had further stated that in June 1985 and July 1989 the planning and development division had decided to construct the dam. The counsels’ had also said that in 2004 the LHC had ordered for taking measures for the dam’s construction.

 

[Kambojaric]

If true then great news, though I dont see how its within a courts power to order a government to do this. But then again who cares about such matters if it results in the construction of a much needed dam.

 

[zip]

Public money ,people representatives ,public grieveances ...super judges giving all the orders !! Why the hell people are voting for their representative when judiciary calls all the shots .. Who will be responsible if anything goes wrong ? They are not answerable to the people ..where constitution gives this much of power to judiciary ? Clear case of judicial overreach ..

 

[niaz]

Without the slightest doubt Pakistan needs Kalabagh Dam. Anyone who has seen the actual a site as I have back in the 70’s when it was first being discussed, would agree that it is a natural site screaming to be dammed.

Nevertheless, in my humble opinion, Court of Law has no authority nor it is their juridiction to order Federal Gov’t to build a dam or dig a canal or construct a road. This is strictly purview of the administration. Besides, building a dam costs billions of dollars, suppose GOP is unable to arrange the financing, would GOP be guilty of contempt of court?

Everyone knows that Provincial Assemblies of Baluchistan, KP & Sind have passed resolutions against building the dam. It has therefore become a highly controversial issue which has less to do with need of the country but more with the ethnic and inter provincial politics. How can Lahore High Court expect its order to be obeyed if opposition to the Kalabagh Dam in the 3 smaller provinces is such that it threatens the very Federation?

Additionally, LHC judges must have known about the disruption in transport sector resulting from the SC order to reduce CNG price. Still these pillars of wisdom went ahead and issued a decree that should not concern the law court in the first place.

Don’t you think it is stupid in the extreme for the High Court to issue a decree which the Court knows will not be implemented? May be that the honourable justices think that assemblies of the smaller provinces will be over awed by their decision and withdraw their objections to the Kalabagh dam!.

This is judicial activism gone berserk.

 

[mdcp]

Our corrupt leaders dont care about ppl and justice

 

[russellpeters]

Doesnt the constitution of Pakistan define and demarcate the roles, scope and responsibilities of the judiciary, administration and the political class ?

I think the judiciary has overstepped its purchase, and this order might be, unconstitutional.

 

[usman87]

it,s a very good decision made by the LHC because we need it badly, and the politicians should respect the order of Court.

 

[zip]

@usman
popular verdicts without an iota of responsibility ...those judges should be removed ..they are violating constitution

 

[usman87]

but if the Government is not interested for the best of the country, and the MNA,s and MPA, s make their politics on such a serious issues, than some one have to take the step for the betterment of country.

 

[zip]

@usman
people of pakistan have shown their displeasure many times by rejecting ruling parties through their votes ..military or judiciary has no business to do that on people behalf ..the power rests with public ..if they elected their govt for 5 years then court has no business to act as a parallel govt ..there is always a tomorrow and these developments may be sweeter to taste but will affect health of the system..

 

[niaz]

it,s a very good decision made by the LHC because we need it badly, and the politicians should respect the order of Court.

My dear compatriot, Pakistan is short of electricity and suffers from floods; therefore it does not take a great deal of wisdom to realize that Kalabagh Dam will be good for the country.

However, we are a federation and Indus River belongs as much to Punjab as it does to KP, Baluchistan and Sind. People of the smaller provinces may be totally wrong to oppose it. Nevertheless, their opposition to Kalabagh dam is a fact and well-known to all including the LHC.

What do you think this decision is going to cause except strikes in the smaller provinces resulting disruption in the economic activity? My point is that why LHC justices issued an order when they are aware that Kalabagh Dam is not going to be built in the foreseeable future?

If you think that because a decision is good, it should be forced down the throats of the 3 smaller units of the federation; I beg to disagree.