ISLAMABAD: Chief Justice of Pakistan Iftikhar Muhammad Chaudhry on Monday said that rule of law should be followed in the country and nobody would be allowed to bypass the laws to get personal benefits.
He made these remarks while heading a three-Judge bench that resumed hearing of pleas about award of exploration and mining lease in Reko Diq area in Chaghi district of Balochistan.
Reminding Khalid Anwar, counsel for Tethyan Copper Company (TCC), a respondent, he said that it should be kept in mind that rule of law would be maintained in the country.
The bench also directed Advocate General Balochistan Salahuddin Mengal to submit record of chief minister's approval in 1994 for relaxing mining rules for BHP, a mining company.
He was told to convey to the Chief Secretary who was appearing before the same bench on Tuesday in connection with another case to produce the required documents.
The TCC counsel resumed his arguments over the issue and said that there was no relaxation of rules as the provincial government was entitled to take any decision independently.
"The provincial government has the authority and when it does so no relaxation is required," he emphasized.
He contended that the provincial government had the authority to legislate over the issue.
Defending the joint venture agreement, he said the objective of the conditional agreement was to conduct exploration and if warranted to develop mineral deposits.
He said they took over the project after the BHP, its successor, failed execute the project.
He said since the creation of Pakistan, no one had come forward to make such an offer and it was due to TCC that such a project became possible.
The Chief Justice questioned the issue of relaxation of mining rules and said that TCC was not in the picture as the BHP had placed whole responsibility upon the provincial government.
Khalid Anwar replied that they had not been asking for relaxation of rules.
Defending the joint venture agreement, he said from the documentary record, it appeared that there was application of mind.
He said the Balochistan as well as the federal governments were approached though there was no legal requirements.
Further hearing was adjourned till Tuesday.
The bench is seized with hearing of a number of identical pleas filed by Tariq Asad Advocate, Barrister Zafrullah of Pakistan Watan Party and others against award of mining and exploration contract to the Tethyan Copper Company (TCC), a Canadian consortium of Barrick Gold and Antofagasta Minerals, for exploring gold and copper in Reko Diq, in Chagai district of Balochistan.
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