04-08-2011, 12:55 PM
ISLAMABAD - 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 BHP Australia for the signing of the 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.
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 licence for the Reko Diq project. He said the court would decide whether the joint venture agreement and the licences, 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,” the chief justice said.
“You must appreciate that we have been hearing the case for the last four months patiently,” he added. TCC’s Khalid Anwar submitted that the BHP Company sold its exploration licence 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 licence 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 licence was converted into an exploration licence on May 18, 2002.
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.
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 licence for the Reko Diq project. He said the court would decide whether the joint venture agreement and the licences, 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,” the chief justice said.
“You must appreciate that we have been hearing the case for the last four months patiently,” he added. TCC’s Khalid Anwar submitted that the BHP Company sold its exploration licence 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 licence 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 licence was converted into an exploration licence on May 18, 2002.