ISLAMABAD – The Supreme Court on Wednesday summoned for today (Thursday) the complete record of the contract of the lease of the Reko Diq copper and gold reserves to foreign exploration and mining companies.
A four-member bench of Chief Justice Iftikhar Muhammad Chaudhry, Justice Muhammad Sair Ali, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday, also directed the former and incumbent Balochistan chief secretaries to appear in court today (Thursday) along with the record, including details of exploration licenses granted to the foreign companies for the Reko Diq project. The court also issued notices to the parties concerned on a miscellaneous application of 26 senators.
The court summoned the record of an application given by a foreign company in 1992 for obtaining exploration and mining contract of the Reko Diq reserves. During the hearing, the chief justice said it was expected that the case would be decided by February 19, as the federal and provincial governments were waiting for the decision.
Raza Kazim, lawyer for Maulana Abdul Haq Baloch (late), told the court that the Balochistan government had not produced the application of BHP exploration and mining company, which it filed for getting contract of Reko Diq project, along with its reply.
He said under the law, the ownership of Reko Diq project could not be leased or sold out. He said BHP made a contract for exploration of natural reserves at Reko Diq in 1996 and in 2006, BHP sold out the contract to Tethyan Copper Company (Pvt) Ltd (TCC) for $260 million.
The court then directed Balochistan Advocate General Salahuddin Mengal to present the original application of BHP for Reko Diq contract and the record of the license given by the government. Mengal told the court that he had asked the mineral director to provide these details.
Raza Kazim said Reko Diq reserves were national assets, which could not be given to foreign companies. He said if these reserves were given to foreign companies, they would take 75 percent of its share.
Kazim said foreign companies could work on the project with the assistance of local companies, however, the project could not entirely be given to a foreign company. TCC’s counsel Khalid Anwar sought adjournment of the case for a week, which the court declined.
The chief justice said if the parties gave an undertaking of not extending the contract, the adjournment could be granted.
Anwar submitted that TCC was bound to get a valid license by February 19.
The chief justice observed that the court would try its best to complete the proceedings before February 19. Meanwhile, the proceedings were adjourned until today (Thursday).
