The Supreme Court was informed on Monday that the government of Balochistan had rejected an appeal by Tethyan Copper Company Pakistan (TCCP) Limited for acquiring a mining licence.
A three-member bench of Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Tariq Pervez was hearing identical petitions filed against leasing out gold and copper mines, including the world’s biggest gold mine worth over $260 billion in Reko Diq, Balochistan to foreign companies by the federal government. The court directed its registrar’s office to re-issue notice to TCCP to submit a reply today (Tuesday). Amanullah Khan Kanrani, the Balochistan advocate general, submitted that in compliance with the court’s earlier order, the secretary mines and minerals development (Licensing Authority) heard the TCCP appeal filed by senior advocate Khalid Anwar and dismissed it on March 3, 2012 after upholding its earlier decision. He submitted that according to the secretary’s decision, the TCCP did not fulfil the conditions of Rule 47 and 48 of the Balochistan Minerals Rules, 2002, hence the Mines Committee rejected the Mining Lease application of TCCP.
He further submitted that the secretary also ruled that a foreign company was required to seek permission from the Board of Investment first, which was to be granted only for three years and for further renewal, submission of performance report was required. He said the TCCP had failed to place on record approval of Security and Exchange Commission of Pakistan under Section 20 (c) (5) of Act 1997.
Kanrani told the court that the secretary also ruled in his verdict that TCCP floated its shares abroad with malafide intention, so it could not become party in the matter intentionally. He said it floated the shares to avoid payment of taxes under National Mineral Policy 1995. TCCP had filed an appeal against Balochistan secretary/director general Mines and Minerals decision of November 15, 2011, whereby it had rejected the plea of TCCP for acquiring a mining licence.
The Supreme Court on February 29, 2012 had directed the Balochistan minerals secretary to dispose of the appeal of TCCP by antedating the hearing for March 3, 2012 and to decide the same on such date.
After hearing Kanrani, the court asked Khalid Anwar how the court could proceed further after the mines and minerals secretary had decided the appeal. Anwar, however, told the court that he had not yet received the judgment passed by the secretary. The court then directed the secretary to provide the copy of the judgment to Khalid Anwar and adjourned the proceedings until today (Tuesday).
The court also directed its office to repeat the process of issuing notices to Tethyan Copper Company Australia (TCCP) at the cost of the petitioner by fax and e-mail as well as courier service.
