ISLAMABAD – The Supreme Court held on Monday it was neutral in the matter relating to the lease out of gold and copper mines in Reko Diq area of Balochistan’s Chagai district, but wanted to ensure that the agreement with the foreign companies was inked in observance of the subjected formalities.
A three-judge bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, also observed that Raza Kazim, the counsel for one of the petitioners, had held the stance that the deal was void.
During the proceedings, Khalid Anwar, the counsel for the Tethyan Copper Company Pakistan (TCCP), while opposing Kazim’s request for a stay order, contended that it would harm Pakistan’s credibility all over the world, as his (Kazim’s) plea did not have any grounds.
The counsel further argued that recently Turkey protested to the Pakistan government in the Karkay case, while the US had reportedly slashed funding over Pakistan’s decision against the Walter Company.
Anwar told the bench that life of the mines in Reko Diq was 56 years and these contained nearly two billion tonnes of copper and gold, whereas the share of the Pakistan government was $56 billion, out of which the Balochistan government’s share would be $13 billion and the TCCA would receive $12 billion.
Upon this, the chief justice observed that the bench was hearing the Riko Diq matter to get orientation that it was leased out in observance of the subjected formalities.
Kazim, the counsel for petitioner Maulana Abdul Haq Baloch, contended before the bench that former Balochistan governor Amirul Mulk Mengal had authorised the Balochistan Development Authority (BDA) for the agreement with the foreign companies.
He repeatedly prayed for the issuance of a stay order over the matter during his contentions.
Upon this, Justice Gulzar questioned under what law the (former) governor was competent to delegate powers to the BDA for signing an agreement with foreign entities. Chief Justice Iftikhar Muhammad Chaudhry observed that instead of the Cabinet, the former governor asked the BDA to sign the agreement during the last dictatorial regime.
He questioned how the governor of a province was competent to sign an agreement with foreign companies, to which Raza Kazim said the BDA chairman also could not extend any guarantee to any foreign company.
Balochistan government’s lawyer, Ahmer Bilal Soofi, submitted that he was unable to make any formulation in the case because the matter was pending with the International Centre for Settlement of Investment Disputes (ICSID) tribunal.
The court, while adjourning the hearing on identical petitions, directed the Abdul Haq Baloch’s lawyer to conclude his arguments on the next hearing on Tuesday (today).