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Tuesday, November 20, 2012
Reko Diq case: Karkay can’t leave until all dues paid, SC tells NABISLAMABAD: The Supreme Court was on Monday informed that recently the Turkish government had protested with the Pakistan government in the Karkay Rental Power Project case, while the court has sought an affidavit from the National Accountability Bureau (NAB) that Karkey would not be allowed to leave Pakistan until the entire outstanding amount is paid.
During the hearing of Reko Diq case, Khalid Anwer, counsel for Tethyan Copper Company Pakistan, also told the SC the US government was reported to have slashed funding over Pakistan’s decision against the Walter Company.
He also opposed Raza Kazim’s plea for a stay order regarding leasing out of Reko Diq project to the TCCP, saying it would harm Pakistan’s credibility across the world, as the plea does not have any ground.
A three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry is hearing identical petitions filed against the federal government’s decision to lease out gold and copper mines in Reko Diq in Balochistan to foreign companies.
Anwar told the bench the life of Reko Diq mines is 56 years, containing two billion tonnes of copper and gold, whereas the share of the Pakistan government was $54 to $56 billion out of which the Balochistan government’s share would be $13 billion and TCCA will receive $12 billion. The CJP observed the bench is hearing the Reko Diq matter to get orientation it was leased out after observing subjected formalities, adding that according to Kazim Raza’s stance, the Reko Diq agreement with foreign entities was void.
The court observed it was neutral regarding lease of gold and copper mines in Reko Diq in Balochistan but wants satisfaction over legality of the project’s agreement with foreign companies.
During the proceedings, Raza Kazim, the counsel for petitioner Maulana Abdul Haq Baloch, informed the bench former Balochistan governor Amirul Mulk Mengal authorised the Balochistan Development Authority (BDA) for Reko Diq agreement with foreign companies. Kazim repeatedly prayed the bench to issue a stay order over the matter. A member of the bench questioned under which law the governor was competent to delegate power to the BDA to sign an agreement with foreign entities. CJP Iftikhar Chaudhry observed that during the past dictatorship regime, the Balochistan governor asked the BDA to sign the Reko Diq mine lease agreement instead of the cabinet.
He observed as to how the governor of a province was competent to sign an agreement with foreign companies, to which Kazim said the BDA chairman can also not extend any guarantee to a foreign company. Balochistan government lawyer Ahmer Bilal Soofi submitted he was unable to make any formulation in the case as the matter was pending before the International Centre for Settlement of Investment Disputes (ICSID) Tribunal. The court adjourned the hearing, directing the petitioner’s lawyer to conclude his arguments today (Tuesday). staff report
Courtesy www.dailytimes.com.pk