Pakistan

Reko Diq contract outside the law: SC

Apex court unsatisfied with response filed by Balochistan government.

Express January 28, 2011

ISLAMABAD: The Supreme Court observed on Thursday that there was no law under which contracts like the one with foreign companies, like the Tethyan Copper Company (TCC), could be signed and sought details of the contract.

The observation was made by Supreme Court Chief Justice Iftikhar Muhammad Chaudhry while hearing petitions challenging the contract of the TCC in Reko Diq copper-gold deposits filed by 26 senators. The was taken up by a four-member bench, comprising Justice Muhammad Sair Ali, Justice Ghulam Rabbani and Justice Kahlilur Rehman Ramday.

The apex court also said it was unsatisfied with the response filed by the Balochistan government. During the course of hearing, the applicants’ counsel Raza Kazam urged the court to determine whether the contract was against rules and regulations or not.

“And if the contract is (found to be) against the set rules and regulations, officials who were responsible for (signing) the contract should be pointed out,” he added.

Justice Khalilur Rehman Ramday said that the contract had been awarded to the company in 1999 but questioned under which law the company had drilled to a depth of 20,000 metres.

The court instructed the provincial representatives to attend the court proceedings. Later, the hearing was adjourned till Friday (today).

Published in The Express Tribune, January 28^th, 2011.

COMMENTS (12)

Zahiq Iqbal | 13 years ago | Reply TCCP just fired a bunch of baloch employees for the reason that they wanted their rights as employees. No one in their right mond should believe them that this a baloch company and everything will be done for the development of the baloch people. They are hypocrites and should be kicked out of the country.

Sher Bahadur | 13 years ago | Reply Media is presenting the Reko Diq in an unprofessional way; without any technical support the programs are presenting those issues of the project that never existed in the mining history. What the non-geoscientists are speaking is not true. Get the true background from Geologists and Mining Engineers and educate/update the nation. In 80's we made Saindak a political issue and ultimately the same was contracted to Chines Co. Now we are doing the same to sabotage Reko Diq. Presently, we in Pakistan lacks the technical capability even to monitor Saindak operation, operating a new project is out of question. The so called claims of capabilities can be a good fiction only. Dr. Samar Mubarak is distorting the project parameters. The truth is not what he is saying. For any mineral project few billion rupees are peanuts. Saindak was explored and developed at cost of Rs: 28 billion, a single meter drilling cost about US$ 150-200. Dr. seems to have no concept of exploration and mining and is violently disrupting the project; the nation will have to suffer for another 100 years. All the petitioners are unfortunately not from Balochistan. They should file the petitions on other issues of Balochistan those are really effecting an ordinary person of Balochistan. Only Reko Diq is not Balochistan there are thousands of issue where these activists can contribute. Targeting the economic project means to deprive the rights of Balochistan and let them suffer for another 100 years. Why we are not considering 52% of the tax income to Islamabad, would this not be fair that the same be given to Balochistan as the minerals are provincial issue.

VIEW MORE COMMENTS

Saad | 13 years ago | Reply I totally agree with Mr. Shahid's point of view. Mr. Fayyaz, please come out of fools paradize. Mr. samad Mubarak has been making fool of our innocent public. As per his statement, we had coal reserves and if we start making use of it, there will be no derth of electercity and diesel. But why uptill now no work has been done on thar coal project? can anybody ask him, if he is so competent and patriotic why he has not been able to make use of these reserves uptill now? What is happening with PIA, Pakistan Steel and Railways? Because our leaders are corrupt and they just want to make money out of this project, by not obliging TCC with the mining contract. As per international law, the one who explores he has the first right to mine. please open your eyes as Pakistan's grace is at stake in the international world.

Muhammad Jawad Alam Dar | 13 years ago | Reply Because we have intelligent ppl like Mr Shahid in our country, thts why we are enjoying the level of respect we have in the world. He should just imagine about one thing....... if he has a car at his home, i get it from him on the plea tht Mr Shahid, as u r a geek and can't drive a car, so from now onwards, i'll use it. and then Mr Shahid says, yeah man, u r right, i dont deserve it... so its now urs...... when Mr Shahids father asks him why the hell did u give it away, he says because i did nt know how to drive it, so i really dont deserve it.......three days after the incident, i m sitting with my girl friend in the same car, pass by Mr Shahid at a fast speed, splashing dirt on his clothes, when my girl friend asks me who the hell was that clown passing by the side, i tell her..... probably some loser, created by Allah just to walk by the side of roads instead driving sophisticated machines like we do...... When Mr Shahids younger brother asks him what the hell is that machine, i also want to have it,............ he says to that innocent soul, that is not meant for us..... the little brother gets quiet with dreams of car forever in his life knowing fully he cant have it bcoz his elder brother told him so..............

Fayyaz Haider | 13 years ago | Reply Dear Mr. Shahid please update your information regarding the license of the said company. For your kind information different companies just by selling the drilling license to each other generated 60Million dollars. Where in the world is this practiced? All is done just because of corruption in Pakistan and Tethyan has used this tectic (kickback). Is this legal under the laws of Pakistan? A country always grant projects to companies competent to do so and judge their competency from their work profile. Under which law all these companies were authorised to sell the license to other company. These are assets of Pakistan and not assets of those companies. Mutual agreement does not mean it is legal. Please tell the nation from when the company is drilling and on what date it got the license.

Fayyaz Haider | 13 years ago | Reply Mr. Shahid well said u r realistic. Is this reality we donot have technology Hahhha. You donot have courage to do it yourself. So stupid I think you should update your knowleddge. For your kind information we are already drilling from salt to Uranium. Uranium man uranium. Assembling aircraft and tanks??????? Can you please tell the nation which other country made the same air craft and giving us its parts for assembly. Same is the case of Alkhalid Tank it is a light weight tank having fastet speed in tanks can run under 5 meter water and its gun and bottom can revolve in opposite directions. You can surf the web and get information. Donot under estimate us as a nation. You also didnot answered my question how did we got nuclear weapon technology. If we can get a restricted technology then why cant we get such simple one. We alredy have the same. And if Dr. Samar Mubarak Mand can work on Thur coal mines a complicated one then why cant he work on this project. It will also be informative that Dr. Abdul Qadeer Khan and Dr. Samar Mubarak Mand are metalurgical scientist. So plz donot misguide our nation.

Shahid | 13 years ago | Reply As far JF thunder, Marines, are concerned, and 4th generation hoooohaaa, I totally disagree. Are you familiar with China, if yes the answer is China, I donot know about aviation tech of Pakistan, I think Nescom , IST is the concerned, they are only the starters ..... We are not even able to produce our own car, how can we do it, assembling is something else dear, To me problem is, we are the stupid, mean, rebilious nation now a days, we are doing every thing that is forbidden in Islam moreover we are not eligible of calling our selfs a muslim,, Look at the society and see by yourself, where is Islam, And in my view : Success is only through Islam....

Shahid | 13 years ago | Reply @ Fayaz and Bilal, Whatever you say, I am realistic in my point, we can not develop this technology by nights and months, even we can not meet electricity requirement how on earth we can do this. Fayaz what is expiring in February, are you acting like a fool or something, they are partners with the Govt and you are sayting they are doing it illegally. What was your point, I am really sorry for my words, but I had to say it.... As far this deal, I think the cake is baked and every one is after it and this hype is just for disturbing the deal otherwiase tethyan can sign up this deal anytime. As per my research of articiles, it is said there are many reko diqs in balochistan, why we are going for this discovery by tethyan, If samar mand can do it, discover another and then do it, this will make sense, after the Thar Coal, Diesel, Electricity Project, Indeed samar mand is politician cum scientist (Reason: He wants us to respect him by his words not by his work, what he has done, I do not know yet, let me know if any body knows about it) ,(Unlinke Samar Mand, Dr, A.Q khan, is the real hero and no conspiracy theory will be accepted regarding him, He has done excellent job ! Action speaks louder than words) Dr. A.Q Khan article was very helpfull in understanding the reality.

A.Baloch | 13 years ago | Reply Agreed with Shaid, in all forums in the pakistan wants to make this deal malacious due to the 25% share of Balochistan and there is nothing behind the seen except the hatred and looting our resouces and keeping us deprived. y Fayyaz Haider and Bilal are not taliking on the missing male and female peoples on Balochistan????

bilal | 13 years ago | Reply @mr. shahid u sound to be a stouge of the foreign company. if the govt. is corrupt that doesnt mean that we shoudl start handing over our national assets to foreign firms. these are the assets which belong to the people of pakistan. if the govt. is corrupt that simply doesnt imply that we start handing over our wealth to the foreign firms.

Fayyaz Haider | 13 years ago | Reply Without getting a license an alien company Tethyan drilled our resources inside our country for many years. Shamefull for all of us as nation if we think Tethyan as an effectee. Atleast the work should be assigned under a law. Do Tethyan and like companies practice the same in countries they belong to. Shameful for them even to fight such a case, really shameful if they feel. But history shows these nations donot feel for laws in underdeveloped countries like us. If Pakistan can make its own nuclear weapon, Its missiles, tank (Alkhalid), 4th generation fighter plane (JF 17 Thunder), its own submarines and can drill other resources than why cant it drill these mettals. Donot have technology does not mean we cant have. We can get it if we are sincere.

shahid | 13 years ago | Reply There was one ray of light, that Reqo Diq will give plenty of billions soon, but now this is not looking a reality. Every one is against this deal and wanna spoil the baked cake by Tethyan. Politicians only talk when they are not getting any pocket money but I believe that Court by seeing the prevailing Govt conditions and corruption will award the contract to Tethyan, as this company will deliever in the best of the Country as per my knowledge is concerned. Please correct me if I am wrong.

Replying to X