ISLAMABAD: The Supreme Court of Pakistan named three amicus curiae for hearing a presidential reference seeking validation for the new Reko Diq project deal.

President Alvi has asked the Supreme Court whether a new deal on the Reko Diq with Barrick Gold Corporation was legal under Article 186 of the Constitution 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.

A five-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial heard the presidential reference on Reko Diq project. Justice Ijaz-ul-Ahsan, Justice Munib Akhtar, Justice Yahya Afridi and Justice Jamal Khan Mandokhail are other members of the bench.

The court has appointed Barrister Farogh Naseem, Salman Akram Raja, and Zahid Ibrahim Advocate as amicus curiae in the case. The bench also issued a notice to the Balochistan High Court Bar in the reference.

Additional Attorney General Amir Rehman said court verdict had declared that the rules were softened in violation of the law.  He argued that court has stated that rules could not be eased for an international firm

Chief Justice Bandial questioned whether the rules are same now or have been amended. The lawyer replied that the law with regard to Reko Diq has been amended as per the prerogative of the government. The chief justice said that transparency is necessary despite easing the rules.

The state counsel said Pakistan will get 50 percent share in the mineral project. He said the Reko Diq agreement has been prepared in view of the court’s past verdict.

He said no better agreement was possible under existing circumstances. He added that Pakistan will have to pay back over nine billion dollars if the agreement was not enforced.

Justice Bandial observed the court is confined to questions asked in a reference. He said the court can only review the constitutional questions in a reference, not the political or economic questions

The judge asked whether it will be an injustice if a third party is affected by an international agreement, saying the constitution gives every person has right to access justice.

He further questioned why the government is not setting the rules and regulations under international law and using a decades-old law. He said in the absence of the new laws, the Reko Diq agreement will be at the mercy of the court order.

He asked under which policy or legal framework was the Reko Diq agreement formulated. The court adjourned further hearing till November 02 (tomorrow).

Also Read

Reko Diq will be gateway for investment in Balochistan: CM Bizenjo

QUETTA: Chief Minister Mir Abdul Quddus Bizenjo has said the Reko Diq...