Hearing the Reko Diq case on Wednesday, the Supreme Court directed the Balochistan government secretary (minerals) to dispose of an appeal about grant of mining licence to Tethyan Copper Company Pakistan (TCCP) within three days and adjourned the matter until March 3. The court noted that the decision on the appeal of TCCP at the earliest was important because the International Chamber of Commerce had allowed 15 days time to Balochistan government to nominate an arbitrator, which would be expired on March 8.
The court, while issuing notice to the Tethyan Copper Company Australia (TCCA), said the notice be immediately issued to the TCCA on its official address in Western Australia at the cost of the petitioner besides sending through fax and e-mail as well as courier service.
The Ministry of Foreign Affairs was also directed to assist the court’s office in effecting service upon the company through the relevant Diplomat of Pakistan in Perth (Australia).
A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Khilji Arif Hussain and Justice Tariq Parvez heard civil petition of Maulana Abdul Haq Baloch and others related to the Reko Diq case.
During the hearing, Khalid Anwer, the counsel for TCCP expressed apprehensions over the court’s order to issue notice to TCCA, however said the order would be complied with.
Balochistan Advocate General Amanullah Kanrani informed the court that against the order of the DG Mines, Balochistan, given on November 15, 2011, an appeal was filed by the TCCP before the Balochistan government secretary (minerals).
The court observed that prima facie any order passed in the instant petition was likely to cause prejudice to the case of either side. Therefore, the secretary (minerals) was directed to dispose of the appeal by March 3.
On the last date of hearing, it was pointed out that the TCCA, which is one of the parties of the alliance agreement between the BHP Minerals International Exploration Inc and TCCA, is one of the component of TCCP, as the latter has invoked the jurisdiction of the International Chamber of Commerce with the request of arbitration concerning the issue of prospective Reko Diq Minerals Licence and in the interest of justice.
The court later adjourned the hearing until March 5.
