Supreme Court hears Presidential Reference on Reko Diq mine project

ISLAMABAD: Additional Attorney General during hearing of the the Reko Diq presidential reference said that some clauses of the Mineral Act have been divided in the domain of the federation and provinces.

A five-member larger bench of the Supreme Court headed by CJP Justice Umar Ata Bandial heard the case.

“If a law could remain simultaneously in the domain of the federation and provinces,” CJP Bandial questioned.

“If the government could not amend the mineral resources rules,” Justice Yahya Afridi asked. “Why amendments required in the Mineral Act 1948,” court asked.

“The law could not come into force like magic,” Justice Munib Akhtar remarked. “That law will dominate which will be similar in the central and provincial level,” court said.

“The court will intervene if the amendment affects human rights,” Justice Yahya Afridi observed.

“Learned bench has raised question over the maintainability of the reference,” Balochistan government’s counsel Salahuddin Ahmed said. “Reko Diq agreement is a public interest matter,” counsel said. “President has been empowered under the law to send a reference,” Balochistan government counsel said.

“The court has said that the questions asked in the reference are unclear, it is not necessary that the questions have been set correctly to the point,” the lawyer said.

The bench adjourned further hearing of the case till Nov. 16 (tomorrow).

A foreign expert in a previous hearing said that the life of Reko Diq mine is 47 years and the country would produce 400 tonnes of copper per annum.

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.

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.

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