A11. PUNJAB IS THE SOLE OWNER OF RIVER WATERS.
However, the Captain's Government has struggled
in many cases and failed in many cases. But the
biggest failure is with river waters. The Union
Government has been abusing Punjab since 1947.
Today, when has she started giving justice to
Punjab through arbitration? Captain, the
government should find a legal solution to this
issue. The Supreme Court's decision against
Punjab is a testament to the incompetence of the
Punjab government. The issue of prosperity and
poverty of Punjab is connected with this issue.
The Badalshahis betrayed Punjab first for the
sake of conspiracy, and later for the pleasure
of the Prime Minister. Now Captain Sahib does
not have time to pay attention to this. None of
their allies can meet them and give an opinion
in this regard. Because the right to reconcile
them has been given to a retired PCS officer who
is said to have reached out to the Modi
government. As soon as Captain Sarkar falls, he
hopes to get a higher position in the Delhi
Darbar. If Captain Sahib gives it such
privileges then the fall of the Caton government
in the 2019 Assembly elections is certain. The
President, the Prime Minister, the Election
Commission, have made up their minds to hold a
joint parliamentary and assembly election at
some point to rectify the constitutional error.
2019 is the right time. Captain Sahib should
take care of his own government. Particular
attention should be paid to the issue of river
waters. Let us now consider this matter for
ourselves.
In 1981, some farmers of Bathinda, including me,
had filed a writ petition in the Punjab and
Haryana High Court. The main objective of which
was that Punjab is the sole owner of river
waters. This item is in the state list.
Therefore, neither the Center has the right to
set up a tribunal or intervene in this matter,
nor does the Supreme Court have the power to
take any decision in this regard. Justice
Sandhanwalia had fixed Friday, December 31, 1981
for the hearing. The hearing was adjourned till
Monday at the request of the government. Despite
being on leave on Sunday, Justice Sandhanwalia
was directed to take charge in the Patna High
Court on Monday. This case was also taken up by
the Supreme Court.
The case has been pending in the Supreme Court
for 36 years. However, the Supreme Court had no
jurisdiction to summon it. The Supreme Court can
summon a case for only two reasons. Either two
High Court judges may have given different
decisions in the same case. Or the case pertains
to two High Courts. This case was not under
either of these two items. Therefore, the
Supreme Court has no jurisdiction to take a
decision in this regard.
The government brought the case back to the
Chandigarh High Court. A senior advocate in the
Punjab High Court said the case had been
dismissed by default. But I think even if it has
been dismissed, it can still be restored. I have
restored my Gurdwara Sahib case in the Supreme
Court after almost 30 years. I'm trying to get
it back, but I don't have that much money. This
is a small expense for the government.
According to international law and the Indian
Constitution, Punjab is the sole owner of water
from the Sutlej, Beas and Ravi rivers. According
to the Punjab Indus Water Treaty signed between
Jawaharlal Nehru and Field Marshal Ayub Khan in
Karachi on December 19, 1960, Punjab is the sole
owner of the Sutlej, Beas and Ravi waters. India
did not pay 6 62 million to Pakistan. Immigrant
Punjabis raised their funds at that time and
demanded a comparative grant from their
respective governments, giving 6 60 million to
Pakistan. At that time almost all the immigrants
were Punjabis. This amounts to billions of
rupees at today's prices.
Punjab governments have been making water cases
to deceive Punjabis. But these cases have been
made only to show the Punjabis. The main issue
was why other states were being given more water
under Raparian law. Raparian law means the law
of "division between two claimants." The use of
the word raparian in relation to river waters is
a betrayal of the Punjab. Punjab is the sole
owner of the waters. According to the Indian
Constitution, Raparian Law and International
Customs Law, Punjab is the sole owner of river
waters. Adherence to the principle of Raparian
Law is the defeat of Punjab.
My argument in the Supreme Court case is that
the World Bank had offered West Punjab 6 60
million on the grounds that West Punjab and some
other areas are irrigated by the Ravi and Beas
rivers. When these rivers flow into the
partition of India, Pakistan will have to build
new canals to draw water from rivers like Chenab
Jhelum. This cost should be borne by India. Only
after ten years, India will be entitled to use
the water of these rivers.
My argument in the Supreme Court case is that
the World Bank had offered West Punjab 6 60
million on the grounds that West Punjab and some
other areas are irrigated by the Ravi and Beas
rivers. When these rivers flow into the
partition of India, Pakistan will have to build
new canals to draw water from rivers like Chenab
Jhelum. This cost should be borne by India. Only
after ten years, India will be entitled to use
the water of these rivers.
Now the question arises that in these ten years,
India has built which canals to use all the
water of these rivers? If all this water had
come to Punjab, it would not have been difficult
for Punjab to supply water to Haryana, Delhi and
Rajasthan. This is the responsibility of the
Central Government. Isn't Punjab a part of
India? Punjab is being discriminated against
immensely. We do not refuse to supply water to
Haryana or Delhi. But first give us our water.
This water is still going to Pakistan after 58
years. The cost of using it is also very
insignificant. Today the Government of India,
the water going to Pakistan, used Punjab.
Tomorrow Haryana will take whatever water it
wants. As much water is going to Pakistan, now
Punjab is not using even one hundredth of it.
Near Gurdaspur, the distance between Ravi and
Beas is only 20 km. This is a very flat earth.
The Beas River is only seven miles from the Ravi
River near Pathankot and the Ranjit Sagar Dam,
which is shared with Jammu and Kashmir. In just
a few months, all the water of the Ravi can be
brought to Harike through Beas. It does not cost
more than one road to conserve such a surplus
water by constructing a canal on the Beas River,
or by constructing new canals from Pathankot
itself and providing water for irrigation. The
Union Government has already constructed a Ravi
Beas Link Canal. But the irony is that the
Ravi's water is still going to Lahore. That is
the right of Punjab.
The Government of India is constructing a
hydroelectric dam at Kishanganga on a tributary
of the Indus and at Ratla on a tributary of the
Chenab. Billions of rupees have been spent on
them. The quarrel with Pak has started again.
The World Bank is re-evaluating the Indus Water
Treaty next month. But the Center cannot spend a
few lakhs for Punjab.
Captain, the Government should repeal Section 5,
Termination of Water Agreements Act, 2004 in the
Vidhan Sabha. Because this Article 5 is fatal
for Punjab. This section permanently prohibits
justice for the struggles for the waters of
Punjab. Accordingly, the Punjab Government,
through its constitutional resolution, has given
constitutional sanction to the ongoing rift with
Punjab. Earlier, all the alleged agreements on
water, electricity, Bhakra etc. were signed by
Punjab personally. Which did not prove to be any
kind of bond for Punjab. The Congress government
at the Center betrayed Punjab by imposing
inappropriate drugs on Captain Sahib. That is
why soon after its passage in the Vidhan Sabha,
it was handed over to the Governor of Punjab and
immediately enacted into law. Both the Congress
and the Akali are guilty of this crime. Because
both agreed.
The ACP does not demand a separate state for
Punjab, nor does it demand special status like
Kashmir. The ACP seeks federal rights for the
states under Article One, the main article of
the Indian Constitution, and is therefore
committed to its people. According to Article
One, India is a union of states. So is the
federal type of government. According to the
Indian Constitution, the items are divided into
central (central government and parliament) and
provincial (provincial government and assembly)
powers. Water is on the state list.
The Union Government withdrew its intervention
in the misappropriation of Apex Court,
unconstitutional intervention. If the Union
Government does not accede to these
constitutional demands of Punjab, then the
Punjab Government should ask the United Nations
to set up a tribunal to compensate Punjab for
the damage done by this unconstitutional Indian
intervention and to restore the state's rights,
not the monarchy. Regarding the distribution of
water. The Government of India cannot oppose
such an international tribunal. This is because
the Government of India, the Indo-Pak Water
Treaty from 1960 to date, has repeatedly
accepted international tribunals. Such tribunals
are set up in state center cases in the
Intercontinental, Interstate, and Federal
systems.
The Haryana government is demanding Rs 150 crore
from the Delhi government for water. While this
water does not belong to Haryana, it belongs to
Punjab. Which the Center has given to Haryana in
an unconstitutional manner using its wrong
influence. From the very beginning, Punjab has
been seeking compensation for its water from the
states of Bikaner and Patiala group (then
PEPSU). Now Punjab is entitled to get the price
of water from these three states.
Many dams in Punjab cover the land of Himachal.
The three rivers of Punjab, Sutlej, Beas and
Ravi come from Himachal. The ACP recognizes
Himachal as a rapper of water. Himachal can use
as much water as it wants according to its
needs. The ACP approves this. But Punjab owns
the excess water from Himachal Pradesh. The
Bhakra Dam and other dams have been constructed
to conserve water in accordance with the
Indo-Pak Water Treaty. Himachal is entitled to a
price for its land. In the price of this land,
the amount of electricity collected from Punjab
till date may be adjusted. Himachal can get as
much land according to its area if it wants. But
Himachal is not entitled to power generated from
Bhakra. Himachal today is not entitled to take
the thousands of crores of rupees that it is
demanding from Punjab.