News
Wednesday, April 06, 2011
SC asks respondents in Reko Diq case to handle matter with mutual cooperation
* CJP says mines are resources of people
* Says if respondents agree to handle matter with mutual cooperation, then court could nullify BHC verdict
By Hasnaat Malik
ISLAMABAD: The Supreme Court on Tuesday proposed the respondents of Reko Diq case to handle the matter of mining and exploration lease of the contract with mutual cooperation and inform the court in this respect by Wednesday (today).
The court observed that the Reko Diq project was not a joint venture and that its credibility could not be established.
A three-member apex court bench, comprising Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry, Justice Muhammad Sair Ali and Justice Ghulam Rabbani, which resumed the hearing of the Reko Diq case also remarked that Baloch people and the government had the basic right on Reko Diq resources. It further said it would be better “if the Balochistan government takes a final decision about the project”.
During the proceedings, the CJP observed that the exploration licence acquired by the Tethyan Copper Company (TCC), a Canadian and Chilean consortium of Barrick Gold and Antofagasta Minerals, had expired in February, adding that its renewal was the responsibility of the Balochistan government.
Khalid Anwar, counsel for the TCC, told the court that the company had already invested $220 million on digging, testing and analysis. He argued that the mining lease might be awarded to his client as they had already been working on it.
Upon this, Justice Chaudhry remarked that “these mines are the resources of the people and the elected representatives have the right to take a decision about the mining lease”.
He also said if the respondents would agree to handle the matter with mutual cooperation then the court could nullify the verdict handed down by the Balochistan High Court (BHC) which, prima facie, was a hurdle in the transparency of the mining lease.
The court, while asking the petitioners and the Balochistan advocate general to give suggestions on how to resolve the issue, adjourned the hearing until Wednesday.
The three-judge bench has been hearing various constitutional petitions filed by Muhammad Tariq Asad of the Watan Party, Maulana Abdul Haque Baloch and around 26 senators, including Dr Ismail Buledi, Azam Khan Swati, Abdul Ghafoor Haideri, Hafiz Abdur Rasheed and others, under the Article 184(3) of the constitution against the leasing of Reko Diq gold and copper mines in Balochistan to foreign exploration and mining companies in violation of law.
The hearing of the petitions is continued for the last five months and is likely to continue further during the coming days as well. The whole case is before the apex court, rising out of a judgement passed by the BHC, challenged in CPLA No 796 of 2007, and petitions filed under Article 184(3) of the constitution along with the applications of the interveners.
Courtesy www.dailytimes.com.pk