IN THE SUPREME COURT OF PAKISTAN 
(ORIGINAL JURISDICTION) 
 
 
PRESENT: MR. JUSTICE MIAN SAQIB NISAR, HCJ 
 
 
MR. JUSTICE UMAR ATA BANDIAL 
 
 
MR. JUSTICE IJAZ UL AHSAN 
 
 
MR. JUSTICE MUNIB AKHTAR 
 
 
CONSTITUTION PETITION NO.57 OF 2016 
(Under Article 184(3) of the Constitution) 
AND 
C.M.A.NO.681-K OF 2018 IN CONST.P.NO.57 
OF 2016 
(Applicant for amendment of petition) 
AND 
C.R.P.NO.440 OF 2016 IN C.M.A.NO.5135 
OF 
2016 
IN 
C.R.P.142 
OF 
2015 
IN 
CONST.P.NO.104 OF 2011 
(On 
review 
of 
this 
Court’s 
order 
dated 
24.8.2016 passed in C.M.A.No.5135/2016) 
 
AND 
CONSTITUTION PETITION NO.24 OF 2018 
(Under Article 184(3) of the Constitution) 
AND 
HUMAN RIGHTS CASE NO.30998-S OF 2018 
(Regarding 
shortage 
of 
water 
supply 
in 
Karachi) 
 
AND 
HUMAN RIGHTS CASE NO.50363-P OF 2010 
(In the matter regarding acute shortage of 
water supply in Karachi) 
 
AND 
CONSTITUTION PETITION NO.37 OF 2018 
(Under Article 184(3) of the Constitution) 
AND 
CONSTITUTION PETITION NO.38 OF 2018 
(Under Article 184(3) of the Constitution) 
 
 
Const.P.57/2016: 
Barrister Zafarullah Khan Vs. Federation of 
Pakistan etc. 
 
 
C.M.A.681-K/2018: 
CMA for amendment in Constitution Petition 
 
 
C.R.P.440/2016: 
Engineers Study Forum (Regd.), through its 
President Mian Fazal Ahmad Vs. Federation of 
Pakistan, etc. 
Constitution Petition No.57 of 2016 etc. 
-: 2 :-
 
 
Const.P.24/2018: 
Agha Qasim Raza Vs. Federation of Pakistan 
through Secretary Ministry of Water Islamabad 
and others 
 
 
H.R.C.30998-S/18: 
In the matter regarding acute shortage of water 
supply in Karachi 
 
 
H.R.C.50363-P/10: 
Application by Malik Abdul Latif Khokhar 
 
 
Const.P.37/2018: 
Rana Ilamuddin Ghazi Vs. Federation of Pakistan, 
through Secretary Cabinet Division, Islamabad 
and others 
 
 
Const.P.38/2018: 
Sutlej Ravi Water Forum through its Chairman 
Zia Shahid Vs. Federation of Pakistan through 
Secretary 
Interior, 
Government 
of 
Pakistan, 
Islamabad. 
 
 
In attendance: 
For the petitioner(s)/ 
applicant(s): 
Barrister Zafarullah Khan, ASC 
(In Const.P.57/2016) 
 
Nemo 
(In Const.P.24/2018) 
 
Nemo 
(In Const.P.37/2018) 
 
Nemo 
(In C.R.P.440/2016) 
 
Dr. Khalid Ranjha, Sr. ASC 
(In Const.P.38/2018) 
 
Malik Abdul Latif Khokhar, ASC 
(In H.R.C.50363-P/2010) 
 
Nemo 
(In C.M.A.5788/2018) 
 
 
For Federation: 
Mr. Khalid Jawed Khan, Attorney General for 
Pakistan 
Syed Nayyar Abbas Rizvi, Addl.A.G.P. 
Assisted by: Barrister Asad Rahim Khan 
 
 
For Provinces: 
Mr. Razzaq A. Mirza, Addl.A.G. Punjab 
Ms. Sehar Chaudhry, Law Officer, Irrigation, 
Punjab 
 
Mr. Shehryar Qazi, Addl.A.G. Sindh 
Mr. Jamal Mustafa Syed, Secy. Irrigation, Sindh 
Mr. Khalid Mehmood, M.D. KWSB, Sindh 
 
Mr. Ayaz Swati, Addl.A.G. Balochistan 
 
Barrister Qasim Wadood, Addl.A.G. KPK 
Constitution Petition No.57 of 2016 etc. 
-: 3 :-
 
 
For LJCP: 
Dr. Muhammad Rahim Awan, Secretary 
 
 
On Court’s call: 
Mr. Shams-ul-Mulk, ex-Chairman WAPDA 
Mr. Zafar Mehmood, ex-Chairman WAPDA 
Mr. Mujeeb-ur-Rehman Pirzada, ASC 
 
 
On Court’s notice: 
 
For M/o Planning & 
Development: 
Mr. Shoaib Ahmed Siddiqui, Secretary 
Mr. Naseer Ahmed Jillani, Sr. Chief (Water) 
Mr. Arshad Ali, Joint Secretary 
 
 
For M/o Water 
Resources: 
Mr. Shumail Ahmed Khawaja, Secretary 
Syed Muhammad Mehar Ali Shah, Joint 
Secretary/Commissioner Indus Water 
 
 
For M/o Finance: 
Mr. Arif Ahmed Khan, Secretary 
 
 
For M/o Climate 
Change: 
Mr. Yousaf Naseem Khokhar, Secretary 
 
 
For WAPDA: 
Lt. Gen. (R) Muzammil Hussain, Chairman 
Mr. M. Babar, Deputy Director 
Mr. Shahzad Asif, Director 
 
 
Date of hearing: 
4.7.2018 
 
ORDER 
 
 
MIAN SAQIB NISAR, CJ.- For the reasons to be recorded 
later in elaboration of this short order, we dispose of these matters in the 
following terms: 
1. 
That the need for water reservoirs is not only expedient but 
also sine qua non for the survival of the people and economy 
of Pakistan. All those present in the Court including officials 
of the various departments and experts on the subject are 
unanimous in this regard. They are also unanimous on the 
point that according to the decision of the Council of 
Common Interest the Diamer Bhasha Dam and pursuant to 
the approval of the ECNEC both the said and Mohmand Dam 
must be built on urgent basis by the Federal Government 
and in this regard there is no dispute or discord of any 
nature amongst the Provinces; 
2. 
That right to life is a fundamental right and without water 
there can be no existence of life. The establishment of water 
Constitution Petition No.57 of 2016 etc. 
-: 4 :-
reservoirs is therefore not a question of just quality of life 
rather the very existence thereof. Therefore, in terms of the 
provisions of Article 184(3) of the Constitution read with 
Article 9 and as guardians of the fundamental rights of the 
people of Pakistan, this Court has the jurisdiction to issue 
necessary directions to the Government for the practical 
enforcement of the primordial right to life. Accordingly, we 
direct the Federal and Provincial Governments, WAPDA and 
all the Executive Authorities in Pakistan who are responsible 
or have nexus/connection with the building of the afore-said 
dams and all matters connected thereto, to take all 
necessary steps for the commencement of construction and 
early completion of these dams. A comprehensive report in 
this regard with detailed timelines and milestones shall be 
submitted to this Court within a period of three weeks by the 
Committee formed herein below;  
3. 
For the construction of these dams and also for oversight of 
execution 
of 
their 
works, 
we 
hereby 
constitute 
an 
Implementation Committee headed by the Chairman WAPDA 
and for the time being comprising experts and officials of the 
Federal and KPK Governments including the following 
persons:  
(i) 
Additional 
Secretary 
(Budget), 
Finance 
Division, Federal Government; 
(ii) 
Joint Secretary, Water Resources Division, 
Federal Government;  
(iii) 
Joint Secretary, PM Office (to be nominated 
by Secretary to PM);   
(iv) 
Senior Chief (Water), Planning Division, 
Federal Government;    
(v) 
Chief Secretary Gilgit-Baltistan; 
(vi) 
Senior Member Board of Revenue, KPK 
(vii) 
Additional Chief Secretary (Development), 
KPK; 
(viii) The Committee can co-opt any members/ 
experts. 
 
Constitution Petition No.57 of 2016 etc. 
-: 5 :-
4. 
Under the provisions of Article 78 of the Constitution, any 
funds deposited in the Public Account of the Federation  can 
be dedicated for a specified project or purpose. We therefore 
direct the establishment of an account, for the time being in 
the name of the Registrar of the Supreme Court of Pakistan, 
for collecting funds donated by the people of Pakistan for the 
construction and establishment of the aforementioned dams;  
5. 
In the foregoing behalf we accordingly appeal to the Nation 
for making its contributions, whether in the shape of foreign 
currency or in Pakistani rupees, directly to the said account. 
The funds in the said account shall be utilized solely for the 
construction and establishment of the aforementioned dams 
and shall for the time being be operated under the orders of 
this Court on the recommendations of the Implementation 
Committee. It is made clear that the funds in this account 
shall not under any circumstance or for any reason be 
diverted or utilized for any purpose other than the 
construction of the afore-noted dams. For avoidance of doubt 
it is directed that no questions shall be asked by any 
authority or department including, but not limited to the tax 
authorities, relating to the source of funds contributed to the 
afore-noted account. The utilization of the said funds shall 
be subject to audit as per directions of this Court.  
 
 
 
 
CHIEF JUSTICE 
 
 
 
JUDGE 
 
 
 
JUDGE 
 
 
 
JUDGE 
Islamabad, the 
4th of July, 2018 
Waqas Naseer/* 
