December 20, 2012
Chief Justice Iftikhar Muhammad Chaudhry on Wednesday queried about the law under which an exemption was granted to Tethyan Copper Company (TCC). Khalid Anwar, the counsel for TCC, contended that investment by a major international player with the objective of benefiting the local people provided a golden opportunity to Balochistan.
The Chief Justice observed that TCC was registered in USA not in Pakistan and asked about the clauses of Balochistan Mining Rules that were invoked to approve the agreement. He further stated that the court would examine the competency of Balochistan Development Authority (BDA) to grant approval of exemptions in the contract of the mining lease to Chagai Hills Exploration Joint Venture Agreement (CHEJVA).
Anwar further argued that Balochistan government was competent to grant approval to the exemptions in the agreement. He reiterated that his client was granted exemptions under the rules and maintained that BDA agreement with TCC was quite legal. The Chief Justice observed that under the constitution, the superior courts had power of judicial review. The bench adjourned the hearing of Reko Diq case till December 20.