Pakistan had submitted an application for interim measures to the Court of Arbitration about construction of the Kishanganga Hydro Electric Project being built by India in Occupied Kashmir. According to President's spokesman Farhatullah Babar, the Court of Arbitration said, "Pakistan and India shall arrange for periodic joint inspections of the Dam site at Gurez in order to monitor the implementation of the Court's Order."
The President's spokesman also said that in January and again in March, Pakistan had required India to provide an undertaking that in so far as it was proceeding with the construction of the Kishanganga Hydro Electric Project it would be doing so at its own risk, in accordance with established principles of international law. India had refused to provide any such undertaking and thus adherence to this principle was a relief sought by Pakistan in its interim measures application, he said.
He said that during the recent hearing on interim measures India agreed to 'proceed at own risk' principle which has been noted by the Court in its Order. "India, on the construction of the tunnel and power house, may proceed at its own risk without prejudice to the possibility that the Court may in its final decision order that the works may not be continued, be modified or dismantled," he said.
Babar said that in addition, the Court stated that it shall remain actively seized of the matter. He said that the team of legal experts from Pakistan and abroad that has successfully presented Pakistan's case continue to work hard on this highly important matter and is optimistic that the Court of Arbitration will deliver a favourable decision on the merits of the case. Earlier, Babar said that Pakistan had submitted an application for interim measures to the Court of Arbitration.
In its application, Pakistan had sought:
a) A stop work Order;
b) An order that any steps India has taken or may take in respect of the KHEP are taken at its own risk without prejudice to the possibility that the Court may order that the works may not be continued, be modified or dismantled;
c) That India be ordered to inform the Court and Pakistan of any imminent and actual developments on the Kishanganga Dam that may adversely affect the restoring of the status quo ante or that may jeopardise Pakistan's rights and interests under the Treaty;
d) Any further relief the Court considered necessary.
Babar said the Office of the Special Assistant to the Prime Minister on Water Resources and Agriculture, the team of legal experts from Pakistan and abroad who prepared a tremendous case, NESPAK and PCIW of the Ministry of Water and Power attended the hearing at the Permanent Court of Arbitration at The Hague. He said the Court of Arbitration has passed a unanimous Order on Pakistan's application for interim measures on the construction of the Kishanganga Dam being built by India in Occupied Kashmir.