The Supreme Court on Monday refused to grant an urgent hearing on a PIL seeking declaration of the Indus Water Treaty between India and Pakistan unconstitutional. “There is no urgency in the matter. It will come up for hearing in due course,” a bench comprising Chief Justice T S Thakur and Justice A M Khanwilkar said.
Advocate M L Sharma, who filed the PIL on the issue in his personal capacity, sought urgent hearing of the matter saying the treaty was unconstitutional as it was not signed as per the constitutional scheme and hence should be declared “void ab initio”. “Keep politics aside. The matter will come up in due course,” the bench said when the lawyer insisted on an urgent hearing.
The court also questioned the petitioner why he wanted to raise the issue of the treaty, signed in 1960, after 56 years. Sharma said the treaty, having been signed by then prime minister Jawaharlal Nehru, violated Article 77 of the Constitution which mandated that all executive action of the government shall be expressed to be taken in the name of the President.