Reko Diq: BHC ruling impedes transparent deal says CJP

CJP ruling can be struck down if parties agree.

ISLAMABAD:

The Reko Diq project cannot be termed a joint venture in the light of the petitioners’ arguments, Chief Justice Iftikhar Muhammad Chaudhary observed on Tuesday.

Khalid Anwar, counsel for the Tethyan Copper Company (TCC) submitted before a three-member bench headed by the Chief Justice that if the project is not recognised as a joint venture, it would not be acceptable to him.

The chief justice remarked that the Balochistan High Court’s (BHC) judgment in favour of TCC is a hindrance in the deliverance of justice and if all the stakeholders agree, the court can invalidate BHC’s verdict. The Supreme Court bench hearing a suo motu case on awarding a mining licence to TCC observed that Reko Diq belongs to the people and the government of Balochistan and they have the right to award a mining licence for the project.

Anwar submitted that TCC has completed the exploration of minerals and according to section 48 of the mining rules, it is the company’s right to obtain licence of mining. Therefore, TCC should be awarded the mining licence.

The chief justice directed the government of Balochistan to make a decision based on the will of the people.

Anwar said that his client has incurred great expenditure in the search for minerals in the area which establishes its right to obtain the licence of mining. The Balochistan government had allotted the rights of mining to TCC. Fakhruddin G Ibrahim, a senior advocate and counsel for TCC sought time from the court to submit a reply after consultation with his clients.

The court adjourned the hearing till Wednesday (today).

Published in The Express Tribune, April 6^th,  2011.