The Supreme Court on Wednesday observed that all illegal things happen when assemblies did not have the power to avert any wrongdoing which causes loss of billions to the exchequer, marring the economic growth.
A four-member bench headed by Chief Justice Iftikhar Mohammad Chaudhry with Justice Mohammad Sair Ali, Justice Ghulam Rabbani and Justice Khalil-ur-Rehman Ramday was hearing a number of petitions challenging the award of contract to TCC - a Canadian consortium of Barrick Gold and Antofagasta Minerals - for exploring gold and copper in Reko Diq, a small desert town in Chagai district of Balochistan.
Tariq Asad (advocate), who is one of the petitioners, informed the court that amendments to 1993 joint venture agreement between BHP and Balochistan Development Authority for exploration of minerals at Reko Diq were made in March 2000 when a dictator was in power.
Justice Ramday said that all illegal things happen when assemblies were non-functional in the country." He said first the amendments were made in joint venture agreement in March 2000 and then Balochistan Mineral Rules were changed in 2002 before the assemblies came into existence.
Tariq Asad told the bench that BHP and BDA were the two main parties, which agreed to amend the joint venture agreement. The petitioner also informed the court that the then Balochistan governor directed the BDA to amend the agreement. Justice Chaudhry asked Advocate-General Balochistan Salahuddin Mengal to provide information regarding how the governor made BDA agent and what was the stand of BDA to his orders.
Justice Ramday said if Balochistan government was not vigilant, for any reason, to safeguard its interest then they could not blame others. He observed that agreement 2006 with TCC was signed under the new mineral rules of Balochistan 2002. The petitioner also expressed concern over allowing TCC to construct airstrip at Reko Diq, saying that in view of the country's security, this must not be permitted. The court adjourned the hearing till Thursday.