The Islamabad High Court (IHC) will resume hearings on Tuesday regarding a petition by the Judicial Activism Panel (JAP) challenging the federal government’s failure to appoint a permanent Commissioner for Indus Waters. The case addresses concerns that the position has remained vacant since September 1, 2025, potentially weakening Pakistan’s ability to protect its water rights under the Indus Waters Treaty.
A single-member bench led by Justice Arbab Muhammad Tahir is scheduled to hear the matter. During previous proceedings, the court described the failure to fill the post as a serious issue and issued notices to the federation.
Why is the Commissioner for Indus Waters position vacant?
Advocate Azhar Siddique, representing the petitioner, argued that the post has been vacant since September 1, 2025. Siddique contended that Article VIII of the Indus Waters Treaty requires the appointment of a permanent commissioner. He argued that the government’s prolonged reliance on “additional-charge” arrangements for the role undermines Pakistan’s capacity to safeguard its treaty rights.
The Ministry of Water Resources previously sought more time to submit a formal reply. Counsel for the ministry informed the court that government officials were occupied with budget-related matters, which prevented them from obtaining instructions in time. Justice Tahir has since directed the counsel to obtain the government’s position to assist the court at the upcoming hearing.
How could the vacancy affect water security?
The petition alleges that India has proposed a diversion of approximately two million acre-feet of water annually from the Chenab basin. According to the JAP, this proposed project violates the Indus Waters Treaty, customary international law, and established principles governing transboundary water resources.
The petitioner claims the diversion poses significant risks to Pakistan’s food security, agricultural productivity, and economic stability. These impacts could affect millions of people who are dependent on the Chenab River system.
What may happen next in the legal proceedings?
The court is expected to review the government’s position during Tuesday’s hearing. The petitioner has requested that the court direct the federal government to appoint a permanent commissioner immediately.
If the court rules in favor of the JAP, the government may be required to pursue diplomatic and legal avenues to protect water interests. This could include formal engagement with the World Bank, the Permanent Indus Commission, and other international forums.
