SC raises key questions regarding Reko Diq presidential reference

ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial has raised important questions regarding the Reko Diq presidential reference, ARY News reported on Monday.

A five-member larger bench of the Supreme Court (SC) headed by CJP Justice Umar Ata Bandial heard the case related to the Reko Diq presidential reference.

During the hearing, the experts of the federal and Balochistan government briefed the apex court regarding the Reko Diq agreement.

A foreign expert apprised the top court that the $8 billion investment is required for Reko Diq project if Pakistan and Balochistan government want to get benefit from it.

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The chief justice questioned the foreign expert about the period of the investment and profit.

The expert told the court that Reko Diq agreement has two phases. The first phase will take five years while the project will start generating profit from the second phase. Pakistan will make $4.3 billion investment for five years.

Justice Yahya Afridi questioned whether Pakistan attempted to sign an agreement with the competitor of Barrick Gold Corporation for Reko Diq mines.

Justice Ijazul Ahsan also questioned whether Pakistan could sign an agreement for Reko Diq mines with other firm despite facing the risks of $10 billion fine.

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The foreign expert told the court that Barrick Gold Corporation has complete expertise of mining and the country could have sign an agreement with other firm having more expertise than the said company.

The expert added that the life of Reko Diq mine is 47 years and the country would produce 400 tonnes of copper per annum under the agreement while Barrick Gold Corporation is the suitable firm.

Additional Attorney General told the top court that the Balochistan government is expected to collect over $32 billion profit from the Reko Diq agreement in 40 years and the annual share of the profit will be $0.8 billion.

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The chief justice remarked that the top court is overlooking the legality of the presidential reference instead of inspecting the financial gains. He raised some important questions regarding the presidential reference. What kind of surety Barrick Gold Corporation wants from the Supreme Court? What will Pakistan get in return of the Reko Diq agreement and in which country the extracted minerals of the Reko Diq mines will be refined?

CJP Bandial also remarked that questions were also raised about Pakistan not getting its due share from the gold extracted from the Reko Diq mines. To this, the additional attorney general apprised the SC that the contract of refining Reko Diq minerals will be awarded to the firm which will give best proposal.

Later, the hearing was adjourned till November 8.

It is pertinent to mention here that President Arif Alvi, on the advice of Prime Minister Shehbaz Sharif, filed a reference in the Supreme Court to get validation for the new Reko Diq project deal under Article 186 of the Constitution.

In the reference submitted to the court, President Dr Arif Alvi asked the Supreme Court whether a new deal on the Reko Diq with Barrick Gold Corporation, a Canada-based mining group, was legally safe under the Constitution of Pakistan and international arbitration.

The president also asked the apex court whether the proposed Foreign Investment (Protection and Promotion) Bill 2022 would be a valid law under the Constitution.

Reko Diq is one of the world’s largest undeveloped copper-gold mines. The project is being restarted after remaining on hold since 2011.