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.