The Regulation of Mines and Oilfields and Mineral Development [Government Control] Act, 1948: Section 7 may be treated as stand-alone statute, SC told

ISLAMABAD: Former law minister Farogh Naseem has submitted before the Supreme Court that the incorporation of Section 7 in the Regulation of Mines and Oilfields and Mineral Development [Government Control] Act, 1948 be treated as the stand-alone statute.

A five-judge bench, headed by Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, and Justice Jamal Khan Mandokhel, on Thursday, heard the presidential reference on the RekoDiq project.

The apex court has appointed advocates, Farogh Naseem, Salman Akram Raja, and Zahid Ibrahim as amicus curiae in this case.

Justice Ijaz asked the former law minister that you are saying that Section 7 incorporation in 1948 Act is the stand-alone law as it does not conflict with any provisions of the 1973 Constitution.

Farogh stated that the Act 1948 is the existing law at the time of the commencement of the 1973 Constitution. He said when it (Act 1948) is the existing law then it is neither federal nor of province but it was allocated to the federation, adding the law cannot be hybrid or concurrent.

Justice Bandial remarked that the Regulation of Mines and Oilfields and Mineral Development (Government Control) Amendment Act, 2022 is not the complete law as the foot and head are borrowed from the Act 1948.

Farogh said the court should not say that the federation passed this law, adding that the situation is not conducive for it. He said if the federation does this then it would be incidental encroachment. The chief justice then said the Court does not make law and it will also not suggest changes in the existing one.

Earlier, during the proceeding, Justice Afridi inquired from advocate Salahuddin Ahmed, who is representing the Balochistan government that when the Balochistan provincial Assembly was on board then why an independent law was made, like that of the KP Assembly. Khyber-Pakhtunkhwa Assembly in 2017 had passed Mines and Minerals Act, 2017.

Justice Ijaz, sharing the same concern, also asked why not Balochistan have stand-alone law, and remarked whether there is any practical difficulty in this regard.

The counsel replied the assembly was on board; therefore, the Regulation of Mines and Oilfields and Mineral Development [Government Control] Act, 1948 was amended, through the incorporation of Section 7 in it. He said the Balochis-tan Assembly did not pass any resolution but after nine hours in-camera briefing passed Section 7. The federal government has come to “pre-emptive invocation” to seek the advice of the Supreme Court.

Justice Jamal remarked that the government uses this (Act 2022) for the time being but it should have stand-alone law. He said it takes only one week that the government can pass an independent law. The Balochistan counsel replied they are running under a tight time constraint.

At the end of the hearing, the chief justice asked the amicus curiae and the Balochistan government’s counsel to make a submission on Section 7, which is added in Act 1948 and the proposed Foreign Investment (Protection and Promotion) Bill, 2022.

The case was adjourned until Monday (Nov 21).

Copyright Business Recorder, 2022