SC tells Balochistan AG to provide record of Reko Diq contract
09 February, 2011
ISLAMABAD: The Supreme Court on Tuesday again directed Balochistan Advocate General (AG) Dr Salahuddin Mengal to produce complete record of the Reko Diq deal, including notification of the award of contract and concessions given to Tethyan Copper Company (TCC). Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry remarked that there was no coordination between the institutions. For the last one month the court has been hearing the case of exploration of copper and gold at Reko Diq but still the complete documents have not been provided, he said. The CJP also observed that relaxation in rules without approval of the mining committee had no legal status. A four-member Supreme Court bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Muhammad Sair Ali, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday was hearing a number of petitions against the award of contract of Reko Diq gold and copper mines in Chagai district to TCC, a Canadian and Chilean consortium of Barrick Gold and Antofagasta Minerals. During the hearing, Ahmed Raza Khan Kasuri, counsel for the Sanjrani tribe, stated that mining committee was bypassed in the procedure and awarding of the exploration licence. Objecting to the mining in Reko Diq, he told the court to pass an order so that mining be stopped in the area under the control of his clients. The chief justice remarked that onyx, marble and other stones had also been extracted from that area. He said the mining activity would lead to construction of roads, which would help develop the whole area. Justice Ramday asked the counsel, “If your contention is accepted then the mining would end in the country. Do you want us to go back to the Stone Age.” If this contention was accepted, not only mining but also the developmental projects would suffer, the chief justice noted. Kasuri informed the court that the governor in 1994 relaxed the mining rules. The chief justice asked whether at that time there was an elected government or martial law. The advocate general told the court that the notification was issued on January 20, 1994 and there was an elected government in that time. The chief justice asked Mengal to provide the summary that had been moved before the issuance of the notification by the governor but the advocate general failed to find the summary. Mines and Mineral Development Department Secretary, Mushtaq Ahmed, told the court that the mining committee did not receive a letter written by the Balochistan Development Authority (BDA). He said they did not have that document on the record. The court directed the Balochistan Industries secretary to thoroughly examine the record before submitting it to the court as any statement given in haste could damage the career of many officials. The court adjourned the hearing for today (Wednesday). The bench is hearing a number of identical pleas filed by Tariq Asad advocate, Barrister Zafrullah of the Pakistan Watan Party and others against award of mining and exploration contract to the TCC for the Reko Diq gold and copper mines in Balochistan worth over $260 billion. End.
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