ISLAMABAD: The previous PPP government had appointed Ms Shumaila Mehmood on the most crucial post of member of the legal team for arbitration on Kishenganga hydropower project without any selection criteria. The same government also obliged her further by also hiring her legal services for arbitration of the Baglihar Hydropower Project against which the Pakistan has already lost its case on February 2007.
These facts have been revealed in official documents of the Ministry of Water and Power written on March 14, 2013 to the MD, NesPak (National Engineering Services of Pakistan Limited) and PCIW (Pakistan Commission of Indus Water) available with ‘The News’.
Shumaila was paid for her legal services for the Kishenganga project but the government further engaged her for arbitration of the Baglihar project, built by India on the River Chenab.The contract of hiring Shumaila clearly says that M/s TurkPak company, subsidiary of NesPAK hired her on the instruction of Kamal Majidullah, special assistant to the PM on Water Resources and Agriculture, as consultant on matters relating to the Kishenganga project without mentioning any selection criteria.
India has already won the case of Baglihar project, so appointing her as legal member in Pakistan’s team for arbitration on the project is questionable. So much so, the head of the Water Trans-Boundary Organisation has increased the scope of the arbitration of Kishenganga case to include all assignments related to the Indus Waters Treaty ostensibly to ensure the continuation of job of Shumaila Mehmood.
Shumaila had been hired from December 2010 under the contract according to which her fee has been fixed at Rs450,000 per month. She has also been provided chauffeur driven car (1300cc) maintained at the government expense for official and private use for the duration of assignment. She is also enjoying the entitlement to receive an amount with upper limit equivalent to price of petrol of 340 litres per month. In addition, she avails business class travel and daily allowance entitled to category 1 officer of the government service.
When contacted, Shumaila Mehmood said that she was hired as legal consultant on arbitration of the Kishenganga Hydropower Project, not on the Baglihar project. However, she deals with all the water-related issues of the PCIW.
To a question Ms Mehmood admitted that the slot of legal consultant on Kishenganga arbitration was assigned to her when she was in the Law Ministry. However, in the Law Ministry she was selected through an advertisement and selection process. She posed a question to this correspondent, saying “why are you going to single me out?”
She reminded that in all the matters of paramount national importance, all the appointments are not made through a competitive process. She pointed out that in the Baglihar Hydropower Project case, no one was appointed through an advertisement followed by a selection process.
When contacted, NesPAK Managing Director Asad I Khan said that he was not involved in the selection of Ms Mehmood as Mujahidullah had hired her for the post.However, he said that Ms Mehmood is clear headed and quite competent on trans-boundary legal issues, adding that she is not on the strength of NesPak but on the strength of its subsidiary TurkPak company and she is paid by the PCIW.
However, the dismal output of Ms Mehmood can be gauged in the partial award on the Kishenganga Hydropower Project given by the Hague which clearly says that India may divert water of the River Neelum for power generation and may deliver the water released into the Bonar Nullah. “And this partial award imposes no further restrictions on the construction and operation of Kishenganga, says the arbitration court’s decision of which the copy is available with ‘The News’.
It is found that Shumaila did not even take into confidence the authorities of Ministry of Water and Power, PCIW and Wapda.The officials of PCIW and Wapda in a private meeting acknowledge that Pakistan has virtually lost its case on the Kishenganga project after the defeat on Baglihar project.http://www.thenews.com.pk/Todays-News-2-175276-PPP-govt-hired-expert-on-Kishenganga
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