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The Balochistan government informed the Supreme Court on Wednesday that it did not want out of court settlement in Reko Diq goldmine case and requested the bench to hear the pros and corns of the case and dispose it of on merit. Advocate General Balochistan Amanullah Kinrani requested the court to dispose of the matter after completing the hearing as out of court settlement would benefit the company.
Justice Chaudhry remarked that it was an important case and Balochistan had the basic right on Reko Diq resources, adding: "It would be better, if Balochistan government takes the final decision about the project as ownership of minerals was a provincial matter".
A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhary with Justice Mohammad Sair Ali and Justice Ghulam Rabbani was hearing the petitions regarding illegal award of Reko Diq goldmine contract to a foreign company, Tethyan Copper Company (TCC).
Raza Kazim, representing Maulana Abdul Haq and others said they had filed the case in the best interest of people living in the province and expressed the hope that apex court would go into the details of the project. "My clients don''t want out of court settlement of the case as TCC talking about negotiation with the government of Balochistan", he added.
Fakhrudin G Ibrahim, the lawyer for TCC proposed that the matter may be resolved outside the court with case remaining pending before the bench. He also requested that till final resolution of the matter, the decision of Balochistan High Court (BHC) be allowed to remain intact.
However, Balochistan government''s representative did not agree with his idea and requested the bench to hear and dispose of the matter on merit. Advocate General Balochistan informed the court that the foreign company did not submit any feasibility report till 1993 nor it had deposited any fee. When Justice Sair Ali said that collection of fee was responsibility of Balochistan government, the AG said that the contract was awarded without the permission of the chief minister.
Khalid Anwar, another lawyer for TCC, argued that contract was always awarded by president or governor. There was no weight in verbal objections, he said, adding that both provincial and federal governments were consulted before awarding the contract to the company.
He said that the company had already done its exploration work and according to the agreement, it was his client''s right to get the mining licence. He pleaded that if contract was cancelled, Pakistan would be stigmatised and the foreign companies operating in Balochistan would run away. The hearing adjourned till Thursday.

Copyright Business Recorder, 2011

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