Reko Diq case: Notices issued to all parties

KHUDAYAR MOHLA

ISLAMABAD: The Supreme Court on Thursday issued notices to all parties to the Reko Diq case after it accepted an application for additional grounds against intervention of the International Court of Arbitration and the International Chamber of Commerce (ICC) in the matter.

A three-judge bench, headed by the Chief Justice Iftikhar Muhammad Chaudhry, made the plea of Maulana Abdul Haque Baloch as part of the Reko Diq case. 

Admitting the application, the apex court issued notices to Balochistan government through Secretary Industries and Mineral Development, Balochistan Development Authority (BDA), Quetta, Federation of Pakistan through Secretary Ministry of Petroleum and Natural Resources, Islamabad, Tethyan Copper Company, Islamabad, Antofagasta Plc, London, Muslim Lakhani, Director, Tethyan Copper Company, Barrick Gold Corporation Canada and BHP Minerals Intermediate Exploration Inco Islamabad.

The bench also sought copies of the Reko Diq lease agreement and other relevant documents from the respondents.

Hearing identical petitions filed against the federal government’s decision to lease out gold and copper mines in Reko Diq of Chagai district, the Chief Justice said the legality of the companies operating there had yet to be decided.

Resuming his arguments, Raza Kazim, the counsel for Maulana Abdul Haque Baloch, contended that the international arbitration court did not have the jurisdiction to hear the instant matter. He further said that no agreement was signed between the licensing authority and the foreign companies for arbitration and prayed the bench for issuing an interim order on the issue of arbitration.

Kazim claimed that BDA entered into a Joint Venture Agreement (the “CHEJVA”) with BHP Minerals Intermediate Exploration in 1993 by circumventing the instruction of Chief Minister of Balochistan who clearly termed the ‘Agreement’ “provisional”.  He further said that subsequently 10 prospecting licenses covering an area of 1000 square kilometers were given to BHP so that it could explore minerals in a vast area of Balochistan.

“Instead of speeding up the exploration process, BHP carried it out very slowly until the year 2000, when BHP sold its share in the CHEJVA to Tethyan Copper Company (TCC), the latter which then continued to carry out the exploration work in Reko Diq”, he argued.  Kazim contended that the wealth of Pakistan had been lying frozen since 1993 when the CHEJVA was executed.

“For almost 20 years now, 14 years of which have been purportedly spent by the TCC, Antofagasta Plc, London, Muslim Lakhani, Director TCC and BHP in the exploration activities in Reko Diq, the same could have been achieved faster within two to five years, given the modern means for doing the same presently available, that is, aerial surveys, standard procedures of mining industries and the delay in pursuing the most efficient method of exploring and extracting the mineral wealth in Balochistan has been purposely done by respondents including TCC, Antofagsta Plc, London and Barrick Gold Corporation Canada in order to gain an exclusive monopoly in Reko Diq, to the detriment of the people of Balochistan and Pakistan,” Raza pleaded.

Expressing his annoyance over provincial government’s lack of interest in the matter, the Chief Justice remarked that the Balochistan government should submit relevant documents in the court by the next hearing.

Later, the hearing was adjourned till Nov 16.