KARACHI: The Sindh Assembly on Friday passed with majority of votes two government resolutions paving the way for reconstitution of a Reko Diq mining project in the light of Supreme Court judgement.

Hours earlier, the apex court declared the revival of the project legal and stated that the proposed Foreign Investment (Protection and Promotion) Bill, 2022 and any amendments to it would not violate the Constitution or the law, provided that the relevant resolutions were passed by the Sindh and Balochistan Assemblies and the National Assembly after following due procedure.

At the outset of the hearing, Agha Siraj Durrani allowed Parliamentary Affairs Minister Mukesh Kumar Chawla to move the resolutions.

One of the resolutions said: “Whereas the Government of the Province of Sindh, having obtained the consent of the Federal Government, has entrusted to the Federal Government functions in relation to certain matters to which the executive authority of the Province extends, that is, the exercise of the executive authority of the Province of Sindh in order to grant and protect exemptions, concessions and benefits being provided in connection with the settlement of disputes with Tethyan Copper Company Pvt Limited and its shareholders to the Reko Diq Mining Company (Private) Limited (formerly Tethyan Copper Company Pakistan (Private) Limited) under the Sindh Development and Maintenance of Infrastructure Cess Act, 2017, The Sindh Workers Welfare Fund Act, 2014, the Stamp Act, 1899, and the Sindh Sales Tax on Services Act, 2011.”

It further said: “Now, therefore, in exercise of powers under Article 147 of the Constitution of the Islamic Republic of Pakistan, 1973, the Provincial Assembly of Sindh hereby resolves within sixty days of the aforesaid entrustment that the entrustment and the functions so entrusted stand ratified”.

The other resolution read: “In exercise of powers under Article 144 of the Constitution of the Islamic Republic of Pakistan, 1973, the Provincial Assembly of Sindh resolves that the Majlis-e-Shoora (Parliament) may by law regulate the promotion and encouragement of investment in the Province of Sindh, and thereby, in the Federation of Pakistan and may specifically in furtherance thereof (1) amend the Sindh Companies Profits (Worker’s Participation) Act, 2015, the Sindh Workers Welfare Fund Act, 2014, and The Sindh Development and Maintenance of Infrastructure Cess Act, 2017; (2) grant exemptions, concessions and benefits in connection with the settlement of disputes with Tethyan Copper Company Pvt Limited and its shareholders to the Reko Diq Mining Company (Private) Limited (formerly Tethyan Copper Company Pakistan (Private) Limited) under the Sindh Development and Maintenance of Infrastructure Cess Act, 2017, the Sindh Workers Welfare Fund Act, 2014, the Stamp Act, 1899, and the Sindh Sales Tax on Services Act, 2011; and, (3) declare any exemption or concession granted under any enactment promulgated by, or otherwise falling within, the legislative competence of this Assembly, to be a Protected Benefit under the Foreign Investment (Promotion and Protection) Act, 2022.”

A thinly attended house smoothly adopted the two resolutions with majority votes amid protest of Pakistan Tehreek-i-Insaf members for suspension of all business on the agenda.

Later, Labour Minister Saeed Ghani on the point of order said that Pakistan had to bear a loss of Rs10 billion due to ‘ignorant’ decision taken by former Chief Justice Iftikhar Ahmed Chaudhry in the Reko Diq case, demanding legal action against him for the losses.

He also called in question the Supreme Court’s decision that restored Pakistan Tehreek-e-Insaf’s Faisal Vawda as Senator and asked him to resign from the post. “It is weird order,” he added.

Published in Dawn, December 10th, 2022

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