ISLAMABAD: Supreme Court of Pakistan (SC) justice said that $ 10 billion fine slapped on country by International Court of Justice (ICJ) in Tethyan Copper versus Pakistan case is a nuclear bomb, which can have consequences.

During hearing of presidential reference on Reko Diq, Justice Munib Akhtar said, “This fine is not against a provincial institution but country.” A five-member larger bench headed by Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi and Justice Jamaal Khan Mandokhel heard case. President Arif Alvi on advice of Prime Minister Shahbaz Sharif had filed reference last month to seek apex court’s opinion on Reko Diq settlement agreement. Referring to Supreme Court’s 2013 judgment in Reko Diq case that purportedly nullified earlier agreement, Additional Attorney-General Chaudhry Aamir Rehman said that had matter of relaxing rules been in previous agreement court would not have declared it null and void.

To this Justice, Munib said Reko Diq and other mining-related rules were a prerogative of provinces. “Is federation authorised to amend provincial laws? Did Balochistan government soften rules for foreign mining companies?” Chief Justice Bandial asked AAG, who said they did. CJP suggested formation of a consultative meeting to monitor all matters regarding agreement. “Despite investing a billion rupees in Reko Diq project federation handed over powers to government of Balochistan.”

Attorney General assured court that great transparency and efficiency would be ensured in handling matters related to Reko Diq. To this, CJP said level of transparency could be measured by fact that “Cabinet [sometimes] approves some files even without opening them”.

Moreover, Justice Yahya asked as international agreements were a matter of federation, could provinces interfere in them? CJP Bandial added that in Supreme Court’s 2013 ruling there was no mention of international company’s corruption. “Balochistan government did not have capacity to refine gold and foreign miner took advantage of it.” Lawyer of Balochistan Bar said government should not forget that Reko Diq gold could benefit Pakistan in a big way however, ironically, Balochistan never got anything out of this project. Five-member larger bench adjourned hearing until November 7.

Published in The Daily National Courier, November, 03 2022

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