Reko Diq case: Court to take issue to logical conclusion, says CJ

By
Hussain
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6
182

During Friday’s hearing of the Reko Diq case, Chief Justice Iftikhar Muhammad Chaudhry said the issue would have to be taken to its logical conclusion.
A three-judge bench of the Supreme Court, headed by Chief Justice Iftikhar Chaudhry, heard the case constituting of identical petitions filed against the federal government’s decision to lease out gold and copper mines in Reko Diq in Balochistan’s Chagai district to foreign companies.
During the hearing, Raza Kazim, counsel for petitioner Maulana Abdul Haque Baloch, said the matter was becoming very complicated, adding that the International Court of Arbitration was going to issue its ruling on the issue.
Kazim said the agreement and the investment pertaining to mining at Reko Diq was suspect, adding that, it was “tainted and riddled with corruption”.
The counsel said the Australian High Commissioner had informed the Pakistani government in its response that the Reko Diq agreement was not between two governments but between two companies.
Kazim added that the response from the Australian authorities was worrisome. He requested the court to issue an order on the issue of international arbitration and added that no international arbitration forum had the authority to intervene in the dispute.
In his remarks, Chief Justice Iftikhar Chaudhry said the issue would have to be taken to its logical conclusion and inquired how the agreements were transferred.
During the proceeding, Advocate-General Balochistan Amanullah Kanrani said the international arbitration forum had clearly asked as to who would compensate the loss incurred by the Balochistan government in case the agreement was terminated.
Responding to which, the chief justice asked that if the agreement was transparent, how the Tethyan Copper Company (TCC) was claiming its right in the matter. He said Pakistan is a sovereign country that is capable to defend its law.
The chief justice said the court seeks satisfactory explanation as to how Tethyan company was given mining rights in Pakistan, adding the government is responsible for any loss, if some incurred, caused by the arbitration.
The court, adjourning the hearing till Monday, directed that the court will hear arguments on the legal status of the contract during the next hearing, adding the legal justification for transfer of the agreement from BHP to Tethyan Pakistan, would also be discussed.

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6 COMMENTS

  1. I have been struggling since 1981 for re-in statement in P.I.A as my services were dispensed with martial law regulation no.52 without any justification.Can Supreme Court of Pakistan assist me ? I am always available on 03004021667 P-40239 Muhammad Younus Butt Ex-Acctts.Asstt.Head office FSD,P.I.A KARACHI

  3. I have been struggling since 1981 for re-in statement in P.I.A as my services were dispensed with martial law regulation no.52 without any justification.Can Supreme Court of Pakistan assist me ? I am always available on 03004021667 P-40239 Muhammad Younus Butt Ex-Acctts.Asstt.Head office FSD,P.I.A KARACHI

  4. This case could stop all future foreign investment coming to Pakistan. This is not foreign Government investment, this is private sector investment. China attracts close to $100 billion a year and India over $20 billion a year. Pakistan has been struggling due to law and order situation. This could have ended up as a $4.2 billion investment by Chilean and Canadian joint venture.

    Foreign companies do not invest billions of dollars for the love of another country, they do so to make a profit. In the process, home country makes substantially more, without investing money.

    BHP Billiton, an Australian company sold its Reko Diq leases to Tetyan, such transactions are common in the international market place. Baluchsitan Government has made a serious error in judgment in cancelling this lease. The International Court of Settlements could impose penalties of hundreds of millions of dollars on Pakistan and those would have to be paid out of Pakistani exchequer or they can obtain court orders to seize Pakistani assets abroad.

    The best course for this is for the Supreme Court to examine the case thoroughly just as the CJ has said and give a fair judgment and throw out all the emotional appeals. If the leases are restored to Tetyan and the mine is developed without further hindrance from vested interests, several more mining companies will be attracted to Baluchistan and Pakistan bringing in tens of billions of dollars in foreign investment. With substantial mining potential,Baluchistan can become the richest province in the country. So, it is best for this corrupt Baluchistan Government to back off and let the private sector do its work.

  5. foreign investments -private investments — NOT IN CHINA 1949 — 1999 –50YRS -BAMBOO CURTAIN – pakistan must have ISLAMIC CURTAIN — NEXT 10YRS — NO MORE BLO*DY KASHMIR COWARDS KAAFIRS E ISLAM BLEEDING PAKISTAN PEOPLES SOLDIERS .. FOCUS ON PAKISTAN AS CHINA DID X 50YRS … PAKISTANIS HAVE PLENTY MONEYS –NAWAZ SHARIF ZARDARI IMRANKHAN NIAZI ==BILLIONS $$$$ IN UK USA SWISS DUBAI ACCOUNTS — 1- ABOLISH DUAL NATIONALITY SO THAT PAK BELONGS TO REAL PAKISTANIS — NOT $$$$ GULAMS CORRUPT RICH KAAFIRS GADAARS !!! 2- PROMOTE SMALL SCALE DOMESTIC INDUSTRIES ..3- STOP CHIEF JUSTICE CHAUDHARY –CHIEF JUDICIAL TERRORIST WHO WONNA BE PAK PREZ MAY 2013 BY HOOK AND MOSTLY BY CROOK !!!! 4- TRADE WITH THE WORLD AS CHINA DOES BUT EAT CHINESE ..STOP EATING CHINESE FLIES LICE .. DAAL ROTI FOR ALL PAKISTANIS ..STOP ALL ALCOHOL IN PAKISTAN .. BE GOOD MUSLIMS ==ISLAM ==PEACE ..BASE DON SACH-TRUTH AND HAQ- BASIC HUMAN RIGHTS FOR ALL ..

    • You are talking complete nonsense. This is a very serious issue and because Musharraf cronies may have made money on this project and current political leaders in Quetta and Islamabad are trying to make money by cancelling and releasing, Pakistan could end up paying hundreds of millions of dollars in penalties. CJ is right concerned about it.

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