Reko Diq: Selling Gold Mining license for $100 is a heinous joke; Pakistanis are not stupid! - CJP

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The Supreme Court on Thursday directed the Balochistan advocate general to get fresh instructions from the provincial chief minister and the chief secretary regarding the Reko Diq project, saying the provincial government had accepted all the conditions of the Zionist BHP Australia for the signing of joint venture agreement and the relaxation of rules. The chief justice remarked that the case is not against the Balochistan Development Authority (BDA) chairman but the government of Balochistan, adding the GoB from the day one had accepted all the conditions of the BHP.

Chief Justice of Pakistan, Justice

Iftikhar Muhammad Chaudhary

A three-member bench, headed by the Chief Justice, was hearing the case relating to the exploration of gold and copper from the Reko Diq site. Other judges on the bench were Justice Mohammad Sair Ali and Justice Ghulam Rabbani. The chief justice said from the day one all the agreements, contracts and relaxation of rules were signed by the BHP to obtain exploration license for the Reko Diq project. He said the court would decide whether the joint venture agreement and the licenses, both prospecting and exploration, were approved legally or not. The CJP asked the Tethyan Copper Company’s counsel Khalid Anwar that so far the company has failed to submit feasibility report of the project and therefore there was no need to tell the court that the Balochistan government has no money and expertise and the mining lease be awarded to the company.

“We have to examine the case as per rules and the constitution. You must appreciate that we have been hearing the case for the last four months patiently”, Chief Justice said.

TCC’s Khalid Anwar submitted that the BHP Company sold its exploration license for $100 and put a condition on the other company to find out something in six months and then come into an alliance and be a partner in investment and profit. The CJP said:

“After 10 years and according to you after investing millions of dollars, they sell the license only for $100. What you people think, Pakistanis’ are stupid, and will believe all this. In a $100, you cannot get even a nice shirt of Marks and Spencer.”

The TCC lawyer informed the court that under rules 2002, for the first time the prospecting license was converted into an exploration license on May 18, 2002. Advocate General Amanullah Kanrani said that the basic problem regarding the Reko Diq project started due to Atta Mohammad Jaffer, the chairman Balochistan Development Authority (BDA). “Everything happened in the garb of relaxation of rules”, he said. It was at this point that the CJP remarked that the case is not against the BDA but the Balochistan government. However, the AG said that the chief minister had not approved the relaxation of rules.

Mountains of Gold at Reko Diq, Pakistan

Zionist TCC counsel Khalid Anwar said that the provincial governor, who was the chief executive of Balochistan, had allowed the BDA chairman to approve amendments in the rules on behalf of the Balochistan government. The learned counsel whom the court on Wednesday directed to conclude arguments by Thursday, granted one more day for completing the arguments and adjourned the hearing till Friday. The bench has been hearing various constitutional petitions filed by Muhammad Tariq Asad, ASC, Maulana Abdul Haque Baloch and around 26 senators including Dr Ismail Buledi, Azam Khan Swati, Abdul Ghafoor Haideri, Hafiz Abdur Rasheed and others under Article 184(3) of the Constitution against leasing out of Reko Diq gold and copper mines in Balochistan to foreign exploration and mining companies in alleged violation of the law.

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Reko Diq: TCC's lawyers pleading Supreme Court to leave the contract intact

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The Balochistan government on Wednesday prayed to the Supreme Court not to set aside the Balochistan High Court judgement, as it would benefit the Zionist Tethyan Copper Company (TCC), therefore, the court should decide the matter on merit. Amanullah Kanrani Advocate General Balochistan said the Joint Venture Agreement (JVA) would remain intact even if the Court scraps the BHC judgement. He was of the view that the TCC that would be benefited from scrapping BHC verdict is itself opposing and wanted time. He said the TCC has not yet deposited fee worth Rs 0.3 million, though JVA was signed in 1993. The counsel for TCC, Fakhar-ud-Din G Ibrahim, prayed to the court not to set aside Balochistan High Court verdict and said: ‘Give us some time so that matter could be resolved outside the court room, adding, the parties are ready to negotiate, while the court keep the case pending’. The court observed that throughout the beginning of the case Balochistan govt has been in favour to set aside the BHC judgement. The Chief Justice said ultimately the Balochistan government has to settle the issue. He said if the Balochistan was given due share in NFC award it would then be a developed province.

The Supreme Court of Pakistan

Raza Kazim, representing Maulana Abdul Haq and others, stated they have filed the case for the interest of Balochistan people and therefore the court should go into depth of the Reko Diq project. He said: “my clients don’t see negotiation out of the court as the TCC talking about negotiation with the government of Balochistan”. A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry and comprised Justice Muhammad Sair Ali and Justice Ghulam Rabbani was hearing case relating to the exploration of gold and copper from Reko Diq. The bench has been hearing various Constitutional petitions filed by Muhammad Tariq Asad, ASC, Watan Party, Maulana Abdul Haque Baloch and around 26 Senators including Dr Ismail Buledi, Azam Khan Swati, Abdul Ghafoor Haideri, Hafiz Abdur Rasheed and others under Article 184(3) of the Constitution against leasing out of Reko Diq gold and copper mines in Balochistan to foreign exploration and mining companies in violation of law for the last four months. The TCC lawyer stated that clause 15 of JVA deals with the international arbitration, in which the company would benefit.

Justice Sair Ali questioned if the court declares JVA null and void then whether the arbitration clause would survive? The JVA was against the Pakistani laws from the very existence. Khalid Anwar, TCC counsel, said that there was clear decision available to the Government of Balochistan (GoB) whether it wanted the JAV or not? He said that the GoB relaxed the rules not the BHP Australia but for its own benefit. It was for the contract of enforcement mechanism so that no party could say that other party did illegal with and it and give me relief. The Chief Justice said it was the BHP that suggested for relaxation in the rules and not the Balochistan government. Anwar argued that since the case began the criticism were lavished on the GoB and not the BHP for failing to protect the interest of the locals. He said that though the relaxations were 13 in number but their main objectives were only three.

1. “The BHP did not want to deal with the provincial bureaucracy but wanted the involvement of the GoB”.
2. “Mining lease is given to BHP automatically”.
3. “The arbitration clause”.

Reko Diq Goldmine, Balochistan (Pakistan)

The TCC lawyers pleaded that if contract was canceled then Pakistan would be stigmatised, adding that the foreign companies operating in Balochistan would run away. Kanrani stated that without the permission of Chief Minister Balochistan the agreement was directly sent to the Secretary of Industries. Khalid Anwar argued that later the chief minister approved it and the notification of it was issued, thus it means that the JVA was legally awarded and now the burden was on the GoB. The court asked Khalid Anwar to conduct arguments by Thursday(today) and adjourned the hearing till April 7th (today).

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Reko Diq: Supreme Court nullifying Balochistan High Court's verdict

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The Supreme Court on Tuesday said that Reko Diq was not a joint venture as credibility to this effect could not be established. Chief Justice Iftikhar Muhammad Chaudhry, heading a three-member bench, also said that the Baloch people and the provincial government had the foremost right to Reko Diq resources. It will be better if the Balochistan government takes the final decision about the project, he said. The CJ remarked that if the respondents would agree to handle the matter with a mutual agreement, the court could nullify the Balochistan High Court verdict.

The Supreme Court of Pakistan

Khalid Anwar, counsel for Tethyan Copper Company (TCC), said “his client company had invested billions of rupees in this project and the verdict of Balochistan High Court was also in its favour so by nullifying it, its interests would be affected”. He argued that the mining lease may be awarded to his client as they already are working on it. However, the Chief Justice remarked that these mines are the resources of the people and the elected representatives have the right to take decision about its mining lease. The court also directed Khalid Anwar to consult with his client and inform the court on Wednesday in this regard. The other judges on the bench were Justice Mohammad Sair Ali and Justice Ghulam Rabbani. The bench was hearing various constitutional petitions filed by Muhammad Tariq Asad, ASC, Maulana Abdul Haque Baloch and around 26 senators including Dr Ismail Buledi, Azam Khan Swati, Abdul Ghafoor Haideri, Hafiz Abdur Rasheed and others under Article 184(3) of the Constitution against leasing of Reko Diq gold and copper mines in Balochistan to foreign exploration and mining companies in violation of the law. The Reko Diq project, located in Chaghi district of Balochistan, is being developed by the Tethyan Copper Company Pakistan (TCCP), jointly owned by Zionist Barrick Gold Corporation, Canada, and Antofagasta, Chile.

The hearing of the petitions has been continuing for the last five months. The case is before the court since a judgment by the Balochistan High Court that has been challenged in petitions filed under Article 184(3) of the Constitution along with the applications of the interveners. Initially 10 prospecting licences for exploration were given to BHP and BDA for one year – from December 1996 to December 1997. But the companies surrendered eight licences in 1998 and retained two; out of that, one licence was turned into exploration licence-5 (EL-5). During the proceeding, the chief justice observed that exploration licence to TCC has expired in February this year and renewing it was the responsibility of the Balochistan government. The counsel for the Tethyan Company told the court that the company has already invested $220million on digging, testing and analysis, and according to the agreement, it was his client’s right to get the mining licence. They, however, didn't bring it to the notice of Supreme Court that how much Gold filled stones they have smuggled illegally through Afghanistan and what is their total estimated worth. The court asked the petitioners and the advocate general Balochistan to give suggestions how to solve the issue of Reko Diq and adjourned the hearing till Wednesday (today).

A mountain of Gold in Reko Diq, Balochistan

Agencies add: The Supreme Court on Tuesday said that the Balochistan High Court’s verdict in the Reko Diq case was becoming a hurdle to the deliverance of justice. The apex court suggested the applicants and respondents to consider the nullification of the Balochistan High court’s decision before proceeding further. Chief Justice Iftikhar Muhammad Chaudhry observed that the high court’s verdict was a great hurdle and suggested both parties to consider its nullification and submit their reply till Wednesday. The Balochistan government had allotted the rights of mining to the Tethayan Company which conducted all the digging process at the site. The SC also proposed the respondents of Reko Diq project to handle the matter of mining lease with mutual cooperation.

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Reko Diq: Supreme Court stops Balochistan government from granting lease to foreign companies

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The Supreme Court on Thursday ordered the Balochistan government not to take any decision for granting mining lease to foreign companies for the exploration of gold and copper till the judgment of the case. A four-member bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing various petitions against leasing of Reko Diq gold and copper mines in Balochistan to foreign exploration and mining companies in violation of law. The hearing of the petitions has been continued for the last so many days and is likely to continue further during the coming days as well. The whole case is before the Court, arising out of a judgment passed by Balochistan High Court, challenged in CPLA No. 796 of 2007, and petitions filed under Article 184(3) of the Constitution along with the applications of the interveners.

The Supreme Court of Pakistan

Khalid Anwar, counsel for TCC, informed the court that as far as the parties interested in obtaining the mining lease are concerned, they have only to submit an application to the Balochistan government before February 19, 2011. He said it was upto the provincial government to take the decision whether to consider the request or whatever position it may like. He said that the learned advocates associated with him - Abdul Hafeez Pirzada, Fakhruddin G. Ebrahim and Barrister Sajid Zahid - have also no objection if the court passes an order that the Balochistan government postpone decision on the application(s), submitted for mining lease till the decision of the instant proceedings. Advocate General Balochistan Salahuddin Mengal informed the court that the Balochistan government has instructed him to make a statement that so far it has not received any application for grant of mining lease from any of the companies. “However, it would not dispose of the application, if submitted until the decision of this Court”, Deputy Attorney General Ch Mazhar Ali, who is representing the Federation, also took the similar stand.

Earlier, counsel for the applicant, Barrister Zafrullah said that leasing out gold and copper to a foreign company at Reko Diq in Balohistan was an attempt for plundering Pakistan’s wealth, adding that that the contract was against the state’s interest. He said that Dr Samar Mubarak had already stated that Pakistan had an expertise to explore the world’s biggest gold and copper treasures at Reko Diq, worth over $260 billion. He also mentioned that if the foreign company had not shared the feasibility report then how would it share the technology. He pleaded the court to issue stay order over the issuance of licence to foreign company for the exploration of gold and copper in Reko Diq.

Reko Diq Gold & Copper mine, Pakistan (Balochistan)

Justice Ramday said that no one should be blamed as we have made mistakes while the foreign companies had invested in the country. He said that foreigners conducted all the researches and surveys and they had told us about the biggest gold and copper treasures at Reko Diq. He said that an attempt had been made to affect the relations between China and Pakistan by killing a Chinese engineer but the Chinese government foiled that conspiracy. Ahmad Raza Qasuri, counsel for Sanjrani tribe, said that the court should not examine only the legal aspects but also historical aspects of this case as well. He said that TCC was the new shape of East India Company. He submitted his formulations before the court regarding the case.

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