Reko Diq case: Supreme Court bars Balochistan government from granting mining lease

The Supreme Court Thursday barred Balochistan government from granting mining lease to any national or international company till verdict on Reko-Diq copper and goldmine case.
A four-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry with Justice Muhammad Sair Ali, Justice Ghulam Rabbani and Justice Khalil-ur-Rehman Ramday, was hearing petitions against leasing of Reko-Diq gold and copper mines in Balochistan worth over $260 billion to foreign exploration and mining companies by federal and Balochistan governments illegally.
The court in its short order held that the Balochistan government through its competent authority may postpone its decision of granting mining lease or otherwise to the companies, claimants of holders of EL-5 to wait for the final decision on the petitions against leasing of Reko-Diq mines to foreign exploration and mining companies.
Counsel for Tethyan Copper Company (TCC), Khalid Anwar told the court that as far as the parties interested in obtaining the mining lease are concerned, they have to submit an application only to the Balochistan government before February 19, 2011. The court asked Balochistan government to conditionally allow the company to submit application, subject to final decision of the court on Reko-Diq case.
Dr Salahuddin Mengal, Advocate General Balochistan told the court that he was instructed by the provincial government to make 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 the Reko-Diq case. Deputy Attorney General Chaudhry Mazhar Ali also took similar stand.
The court appreciated the conduct of the counsels for both the sides who agreed that the Balochistan government through its competent authority may not take any decision with regard to the grant or otherwise of the mining lease, if applied for in the meanwhile.
In his arguments, counsel for one of the petitioners, Barrister Zafarullah Khan said leasing of Reko-Diq gold and copper mines to foreign companies was an attempt for looting Pakistan''s wealth, adding that the contract was against the state''s interest.
He said Dr Samar Mubarakmand had already stated that Pakistan had expertise to explore the one of the world''s biggest gold and copper treasures in Balochistan at Reko-Diq, worth over $260 billion. He said if the foreign company was not ready to share its feasibility report over Reko-Diq reserves, then how it would share the technology.
He pleaded the court to issue stay order over issuance of license to foreign company for exploration of gold and copper at Reko-Diq. Justice Ramday said no one should be blamed as all mistakes were committed by themselves. He said foreign companies made most of the investment in the country and explored biggest gold and copper treasures at Reko-Diq, worth over $260 billion.
He said attempts were made to affect the relationship between China and Pakistan by killing a Chinese engineer, but Chinese government foiled that conspiracy through political skill. Counsel for another applicant, Ahmad Raza Qasuri said pleaded that the court should not only examine the legal aspects but also historical aspects of the case as well. He said TCC was the new shape of East India Company. He was still arguing when the court adjourned further hearing till February 8.