A delegation from India attended a meeting of the Neutral Expert
proceedings in the Kishenganga and Ratle matter at the Permanent Court of
Arbitration in Vienna on September 20 and 21, announced the Ministry of
External Affairs or MEA in a press release.
The meeting was convened by the Neutral Expert appointed on India’s
request under the aegis of the Indus Waters Treaty. It was attended by
representatives of India and Pakistan.
India’s delegation for the meeting was led by the Department of
Water Resources Secretary.
Senior Advocate Harish Salve KC attended the meeting as India’s
Lead Counsel in this matter.
The MEA stated, “India’s participation in this meeting is in line
with India’s consistent, principled stand that as per the graded mechanism
provided for in the Indus Waters Treaty, the Neutral Expert proceedings are the
only valid proceedings at this juncture.”
The MEA cited this as the reason for India’s refusal to participate
in the parallel proceedings being carried out by an “illegally constituted
Court of Arbitration” on the same set of issues related to Kishenganga and
Ratle Hydroelectric Projects (HEPs).
“It is for this reason that India has taken the Treaty-consistent
decision to not participate in the parallel proceedings being conducted by an
illegally constituted Court of Arbitration on the same set of issues pertaining
to the Kishenganga and Ratle HEPs,” said the MEA.
Further, according to the MEA, the Neutral Expert proceedings are
ongoing and expected to continue for some time.
It added that India is committed to engaging in a manner that
supports the resolution of issues in accordance with the provisions of the
Indus Waters Treaty.
Earlier, in July, the Ministry of External Affairs said India
cannot be compelled to participate in parallel proceedings not envisaged by the
Indus Water Treaty.
It stated that New Delhi’s “consistent and principled stand” has
been that the constitution of the so-called Court of Arbitration is in
contravention of the provisions of the Indus Waters Treaty.
“We have seen a press release issued by the Permanent Court of
Arbitration (PCA) mentioning that an illegally constituted so-called Court of
Arbitration has ruled that it has the ‘competence’ to consider matters
concerning the Kishenganga and Ratle hydroelectric projects,” the MEA said in
its release.
It added, “India’s consistent and principled position has been that
the constitution of the so-called Court of Arbitration is in contravention of
the provisions of the Indus Waters Treaty. India cannot be compelled to
recognize or participate in illegal and parallel proceedings not envisaged by
the Treaty.”
PTI
