Kishanganga Update: Pakistan Denied Stay

According to several news reports (here, here and here) Pakistan’s request seeking a stay against India’s construction of the Kishanganga power project has been rejected by the PCA tribunal hearing the matter. One report notes:

“The COA denied the stay order to the low riparian country, putting Pakistan the question as to why it has changed its earlier stance as in January when the court met for the first time it did not ask for the stay,” a senior official, who was part of court proceedings, told The News on the condition of anonymity.

It goes on to blame Kamal Majidullah, special assistant to the Pakistani PM and Pakistan’s agent in the arbitration, for the denial of stay:

When contacted, Arshad Abbasi, an eminent water expert, said: “This utter failure that may lead to lose the legal battle on this vital case is all because of incompetence and ignorance of Kamal Majidullah, who did not apply for a stay order against the construction at the Kishanganga project site in January”.

Another Pakistani news report also notes:

The villain of the piece appears to be the special assistant to the prime minister, Kamala Majidullah, who has been leading the legal team pleading our case. The competence of Majidullah for this task has been questioned in the past by experts and researchers who have had something to say about the environmental impact of the Kishanganga dam on our own Neelum Valley project. The COA raised the highly pertinent point to Majidullah as to why he did not raise objections to Kishanganga when he had the opportunity to do so back in January this year – to which there was no satisfactory reply. In other words, for lack of a little fast footwork, Pakistan had missed the window of opportunity to register an objection to an Indian project that is clearly to its detriment. The COA has questioned why Pakistan failed to register objections in January but was putting it forward now.

 

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2 thoughts on “Kishanganga Update: Pakistan Denied Stay

  1. Pingback: Breaking News: PCA stays construction of Kishanganga power project? | International Law Curry

  2. Pingback: BREAKING: Award in India-Pak Kishenganga Arbitration Delivered | International Law Curry

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