Reko Diq case: Supreme Court to take the issue to its logical conclusion

Chief Justice Iftikhar Muhammad Chaudhry on Friday said the Reko Diq case would have to be taken to its logical conclusion, adding that Pakistan is a sovereign state that is capable to defend its law.

A three-member bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry resumed hearing of 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 international companies.

Counsel for petitioner Maulana Abdul Haque Baloch, Raza Kazim informed the court that the matter was becoming very complicated, explaining that the International Court of Arbitration was going to issue its ruling in the case.

The lawyer stated that the agreement and the investment pertaining to mining at Reko Diq was suspect, adding that it was tainted and riddled with corruption. 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, he added.

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 reply to this, the chief justice 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.

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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Posted by Faisal Farooq on Nov 16 2012. Filed under National, Pakistan. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.