Reko Diq deal vital to avoid $10bn penalty, SC told

Published
8

ISLAMABAD: On being asked to identify the parts of its 2013 judgement in the Reko Diq case that supposedly resulted in the annulment of the earlier agreement, Additional Attorney General (AAG) Chaudhry Aamir Rehman startled the Supreme Court when he divulged on Tuesday that after the verdict, the Balochistan government invested Rs4-6 billion to explore and mine gold and copper in the area, in vain, adding that Pakistan would incur a penalty of $10 billion if the project failed to materialise.

Headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, a five-judge Supreme Court bench had taken up on Oct 18 a presidential reference on Reko Diq.

Reading out the judgement to identify the flaws the court had identified in the 2013 Maulana Abdul Haq Baloch verdict, the AAG also tried to explain that against the backdrop of a $10bn award, Pakistan had created a $900 million Escrow Funds to buy 50 per cent shares of the Chilean firm Antofagasta, which had opted to exit the project, whereas Canada’s Barrick Gold Corporation will invest $4.5bn to hold a 50pc share.

Under the agreement, Barrick Gold after the investment would never claim even a single penny in case of failure of the project. But if the exploration succeeds Pakistan will reap benefits out of it.

The CJP asked the Balochistan government to satisfy it about what policy or legal instrument it had developed to regulate the proposed transaction in the mining and exploration agreement or if the contract being proposed between the government and the Tethyan Copper Com­pany Private Limited (TCCP) itself was a law, which it should not be.

The CJP said the government must have designed some new mining rules to fit in the international size agreement.

The AAG explained that TCCP, to be renamed Reko Diq Mining Company (Pvt) Limited, would be granted two mining leases for 30 years, adding that no project would be viable until two similar leases were granted to the investor for further exploration.

Furthermore, the CJP also app­ointed three senior counsel as amici curiae (friends of the court) to assist it in the matter, including former law minister Dr Farogh Naseem, Salman Akram Raja and Zahid Ebrahim.

It further issued a notice to the Balochistan Bar Association in addition to what it did at the last hearing on Oct 25 when it asked the Balochistan government, Barrick Gold Corporation, the Oil and Gas Development Company Limited, Pakistan Petroleum Limited and Government Holdings (Pvt) Ltd to present their point on the question posed in the reference.

The case will be taken up again on Wednesday (today).

Published in Dawn, November 2nd, 2022

Opinion

Editorial

Muddled hierarchy
Updated 15 Nov, 2026

Muddled hierarchy

The jurisdiction of the two courts and a mechanism for settling disputes between them should be spelt out in law, not left to judges to fight over.
Growing crisis
15 Nov, 2026

Growing crisis

AN emergency can be judged by the speed with which it draws an effective response. The National Population Council’s...
Organised rackets
15 Nov, 2026

Organised rackets

ON the International Day against Transnational Organised Crime, observed today, Pakistan finds itself in a tight...
Referendum talk
Updated 14 Nov, 2026

Referendum talk

Unless the PPP is deliberately using Sindh as a bargaining chip, it should issue a clarification with a clear, consistent position on new administrative units, not one tailored to protect its home turf.
Mineral wealth
Updated 14 Nov, 2026

Mineral wealth

Minerals should not be presented as a solution to Pakistan’s long-term economic difficulties. The aim should be to build an industrial base rather than export raw materials.
Late diagnosis
14 Nov, 2026

Late diagnosis

AS we mark World Diabetes Day today, Pakistan faces a troubling question: how many people are living with diabetes...