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The Supreme Court was told on Monday that Balochistan provincial government is not satisfied with the feasibility report regarding Reko-Diq copper and gold mining project, as it is incomplete. Advocate General, Balochistan, Salahuddin Mengal said that a committee comprising geologists was looking into the report, and after that a decision would be taken in this regard.
The court was also informed that Balochistan government would not renew exploration of gold and copper minerals of TCC unless it fulfils all terms and conditions set by the province. A four-member bench of Supreme Court, headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Muhammad Sair Ali, Justice Ghulam Rabbani and Justice Khalil-ur-Rehman Ramday was hearing Reko-Diq copper and goldmine project case.
The Advocate-General said Tethyan Copper Company (TCC) had to conduct survey over an area of 6 square kilometres and there was no laboratory to determine the ratio of gold and copper reserves in Chaghi area where Reko-Diq mines are located. He admitted that safe transportation was difficult due to security situation in the province.
Justice Chaudhry observed that the feasibility report was with the provincial government since October last and it was not sharing it with the apex court. Raza Kazim, counsel for late Abdul Haq, contended that about 30,000 square kilometres was given to TCC under a joint venture agreement in which the provincial government had surrendered its authority.
Justice Khalil-ur-Rehman Ramday remarked that as per initial agreement made with the foreign company (TCC), it seemed that that the foreign company would give instructions to provincial government of Balochistan. "If we as a nation do not have self-respect, these foreigners will rule over us. By doing such an agreement, we have surrendered to a foreign country...which is a matter of great shame for us as a nation," he remarked.
Raza Kazim, Advocate, said that now TCC's status is just like an agent as it had sold its shares to Barrick Gold and Antofagasta Minerals. The TCC was not a national company before as it registered itself in 2000, he added. Tariq Asad, Advocate, a petitioner, appeared in person and said that no foreign company would be granted licence unless it was in accordance with the provisions of Mineral Rules.
He said that in the joint venture agreement it was not mentioned that the government of Balochistan was entitled to 25 percent share out of total profit. He argued that prospecting licence could not be issued for an area more than 10 square kilometres, but 50 square kilometres area each was given in total 10 licences.
The bench directed him to make a pro forma of his relevant arguments over the constitutional provisions and other related laws, which had been violated in the issue, and submit it to the bench on Tuesday. The hearing of the case was adjourned till Tuesday.

Copyright Business Recorder, 2011

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