Apex court on Tuesday proposed the parties involved in Reko Diq case to handle the matter of mining lease of the contract with mutual consent and inform the court on Wednesday (today).
A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing identical constitutional petitions filed by Advocate Supreme Court M Tariq Asad, Maulana Abdul Haque Baloch, Dr Ismail Buledi, Azam Khan Swati, Abdul Ghafoor Haideri, Hafiz Abdur Rasheed, Watan Party and others under the Article 184(3) of the Constitution against the leasing of Reko Diq gold and copper mines in Balochistan to foreign exploration and mining companies in violation of law. In the hearing, the bench observed that Balochistan government had the legal right on the project resources as well as has the final authority to take final decision on the project leasing.
While delivering arguments, Advocate Tariq Asad told the bench that he had challenged the violation of Chagai Hills Exploration Joint Venture Agreement (CHEJVA) under Balochistan Mining Concession Rules 1997, adding that all the subsequent agreements, executed between the parties would be void. He further suggested that the court may dispose of petitions with an observation that Balochistan government may exercise its authority to execute or refuse the agreement upon which the bench observed that it will hear arguments of all the petitioners.
An exploration license acquired by the Tethyan Copper Company (TCC), a Canadian and Chilean consortium of Barrick Gold and Antofagasta Minerals, had expired on February 18 whereas renewal of the mining lease is connected with the decision of the apex court as all the current constitutional petitions are pending.
According to TCC, the company and Balochistan government become partners under the CHEJVA which was originally signed between BHP and the Government of Balochistan in 1993 whereas the company's principal asset is a 75 percent interest in the exploration license for copper-gold prospects at Reko Diq in district Chagai of Balochistan where the Balochistan government holds the remaining 25 percent share. The bench adjourned hearing till Wednesday (today).