ISLAMABAD, Jan 26: The Supreme Court has summoned the complete record of an agreement signed by the Balochistan government with a foreign firm in 1992 for exploration of copper and gold reserves in Reko Diq.

A bench hearing petitions against the award of a mining contract to the TCC --- a Canadian and Chilean consortium of Barrick Gold and Antofagasta Minerals --- ordered Balochistan Additional Advocate General Attaullah Mengal on Wednesday to ask the serving and former chief secretaries to appear on Thursday with the record of the agreement signed in 1992 with the BHP. It said representatives of the province should attend the proceedings.

The BHP later lost interest in the project and sold its assets to the TCC to explore the mineral deposits.

The four-judge bench headed by Chief Justice Iftikhar Mohammad Chaudhry also issued notices to 26 senators, including former minister Azam Khan Swati of the JUI-F, after allowing their plea to become party in the case. The court expressed its intention to accept a request of the petitioners to take a decision on the matter before Feb 11 when the mining licence is due to lapse.

Advocate Khalid Anwar, representing the TCC, said the last date for the company to apply for the renewal of the licence was Feb 19. “The company is yet to apply for the licence to the government of Balochistan.”

When the court observed that the petitioners had claimed the profit involved to be about $260 billion, the counsel said he would present everything before the court.

Advocate Raza Kazim said his client Maulana Abdul Haque Baloch had not levelled any allegation of corruption but was only concerned with irresponsibility and laxity shown in the execution of the contract.

He said the Balochistan government had given concessions to the BHP on 13 items by relaxing the rules. He said relaxations should be used to minimise mischief instead of fulfilling the desires of a party.

Justice Khalilur Rehman Ramday observed that rules should be relaxed only in hardship cases under special circumstances after recording all the terms and conditions in writing. Justice Mohammad Sair Ali said detailed justifications should be given whenever rules were relaxed.

Referring to Article 173, the counsel said the chief minister of a province did not have the authority to cancel or grant a lease to any firm.