23:38
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ISLAMABAD: The Supreme Court Thursday issued notices to the respondents in Reko Diq case after accepting additional grounds of one of the petitioners against the intervention of the International Court of Arbitration (ICA) and the International Chamber of Commerce (ICC) on the Reko Diq mining lease dispute.
A three-member bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry, accepted additional grounds of one of the petitioners in the main petition, challenging the government’s decision to lease out gold and copper mines in Reko Diq in Balochistan’s Chagai district to foreign companies.
Raza Kazim, counsel for the petitioner, Maulana Abdul Haque Baloch, while including some additional grounds in the main petition regarding Reko Diq case, submitted that the International Arbitration Court did not have the authority to hear the dispute.
The learned counsel further contended that no agreement pertaining to arbitration was signed between the licensing authorities and the concerned companies.He further submitted that neither the ICC nor any other arbitration tribunal could hear the dispute. The learned counsel contended that the companies should respect the mining regulations and courts of the country in which they operate.
Meanwhile, the court, while admitting the additional grounds in the main petition, issued notices to the Balochistan Government through Secretary, Industries and Mineral Development; Balochistan Development Authority, Quetta; Federation of Pakistan through Secretary Ministry of Petroleum and Natural Resources, Islamabad; Tethyan Copper Company, Islamabad; Antofagasta Plc, London; Muslim Lakhani, Director, Tethyan Copper Company; Barrick Gold Corporation, Canada; and BHP Minerals Intermediate Exploration Inco, Islamabad.
During the hearing, the Balochistan advocate general said that 1,000 square kilometre area could be allotted to explore reserves under the law, but 13,000 square kilometres was allotted to the company by easing conditions in the regulations.
The chief justice, however, remarked that the court doesn’t recognize any fake company, and only the authentic documents will prove if the company really exists or not. The CJ further observed that the said provision of requisite documents was necessary to better understand the issue.
The chief justice further observed that the documents would show whether the company, in question, was real or simply on paper, adding that the court did not accept companies based solely on paper.The court also directed the Balochistan Government to submit relevant documents in the instant case and adjourned the hearing till Friday (today).
A three-member bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry, accepted additional grounds of one of the petitioners in the main petition, challenging the government’s decision to lease out gold and copper mines in Reko Diq in Balochistan’s Chagai district to foreign companies.
Raza Kazim, counsel for the petitioner, Maulana Abdul Haque Baloch, while including some additional grounds in the main petition regarding Reko Diq case, submitted that the International Arbitration Court did not have the authority to hear the dispute.
The learned counsel further contended that no agreement pertaining to arbitration was signed between the licensing authorities and the concerned companies.He further submitted that neither the ICC nor any other arbitration tribunal could hear the dispute. The learned counsel contended that the companies should respect the mining regulations and courts of the country in which they operate.
Meanwhile, the court, while admitting the additional grounds in the main petition, issued notices to the Balochistan Government through Secretary, Industries and Mineral Development; Balochistan Development Authority, Quetta; Federation of Pakistan through Secretary Ministry of Petroleum and Natural Resources, Islamabad; Tethyan Copper Company, Islamabad; Antofagasta Plc, London; Muslim Lakhani, Director, Tethyan Copper Company; Barrick Gold Corporation, Canada; and BHP Minerals Intermediate Exploration Inco, Islamabad.
During the hearing, the Balochistan advocate general said that 1,000 square kilometre area could be allotted to explore reserves under the law, but 13,000 square kilometres was allotted to the company by easing conditions in the regulations.
The chief justice, however, remarked that the court doesn’t recognize any fake company, and only the authentic documents will prove if the company really exists or not. The CJ further observed that the said provision of requisite documents was necessary to better understand the issue.
The chief justice further observed that the documents would show whether the company, in question, was real or simply on paper, adding that the court did not accept companies based solely on paper.The court also directed the Balochistan Government to submit relevant documents in the instant case and adjourned the hearing till Friday (today).
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