Tuesday, 18 December 2012

‘How did one governor reject project while other okayed it?’

Reko Diq case

CJ says case will be decided according to law of the land

ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry on Tuesday observed that no one was above the law and the leasing of mines case would be decided as per the law of the land.

A two-member bench of the Supreme Court, headed by the chief justice, was hearing a set of identical petitions filed against the leasing of over $260 billion worth of gold and copper mines at Reko Diq in Balochistan to foreign exploration and mining companies by the provincial and federal governments in violation of the law.

The chief justice noted that the case would be decided under Article 105 of the Constitution.“We also have to examine how one governor rejected the offer of exploration and mining at Reko Diq and the other gave approval during the martial law regime,” the chief justice further noted.

He said the governor gave the approval on such paper that could not be called a letter pad. He said the BHP was not in a position to get the contract, adding that it was given some relaxations during the award of the contract.

Resuming his arguments, Abdul Hafeez Pirzada, the counsel for the BHP, requested that the contract should be restored at the earliest. He said both the foreign as well as local investors were losing their interest in the project due to the suspension of the contract. The chief justice remarked that no one was above the law and the case would be decided under Article 105 of the Constitution.

“Were the people of the province given any benefit in lieu of mining in Balochistan?” Justice Gulzar Ahmed inquired. Pirzada contended that no illegal way was adopted while getting the contract. The court adjourned further hearing for today (Wednesday).

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