The Sindh High Court has temporarily suspended a controversial water allocation certificate issued by the Indus River System Authority (IRSA), citing irregularities in the authority’s composition and potential violations of provincial water rights.
The Sindh High Court on Monday raised serious questions about the legality of the IRSA current structure and suspended its January 25 water allocation certificate that authorized water transfers to Cholistan through link canals.
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During the hearing of Constitutional Petition No. D-987 of 2025, a division bench led by Justice Aadil Arab observed that IRSA’s current composition appears to violate both the IRSA Act, 1992 and a 2000 Executive Order, as affirmed by the court’s 2013 judgment in C.P. No.D-5206/2013.
“Prima facie, the contention appears correct,” the court noted, pointing out that while the law requires the federal member of IRSA to be from Sindh, the current incumbent (Respondent No.5) is not from the province.
“Thus, the present structure of Respondent IRSA is under serious dispute.”
The court ordered all parties to maintain status quo, directing that “Respondents should not take any further action and measures in pursuance of the above Water Availability Certificate dated 25.01.2025.”
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Advocate General Jawad Dero informed the court that the Sindh government has already invoked Article 155 of the Constitution, which provides a dispute resolution mechanism including appointment of expert commissions.
The water dispute centers on IRSA’s approval for transferring 0.8 million acre-feet (MAF) of water to Cholistan through link canals - a decision strongly opposed by Sindh which argues it violates provincial water rights and could exacerbate water shortages in the province.
Representing the petitioner, advocates Zameer Hussain Ghumro, Malik Naeem Iqbal and Faizan H. Memon argued that IRSA’s water certificate was issued by an “illegally constituted” authority.
They sought suspension of the certificate, which the court effectively granted through its restraining order.
The federal and provincial law officers, including Additional Attorney General Mohsin Qadir Shahwani, sought time to file para-wise comments.
The court granted 10 days for submission of documents, with advance copies to be provided to petitioner’s counsel.
Sajid Ali Bhutto, Secretary of Sindh’s Irrigation Department, was also present during the hearing.
The court has adjourned proceedings until April 18, when it will examine whether IRSA’s composition complies with legal requirements and constitutional provisions protecting provincial water rights.
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