ISLAMABAD: The Supreme Court on Wednesday issued notice on Tethyan Copper Company Limited, Western Australia (TCCA), in a case pertaining to award of mining lease of gold and copper reserves in Reko Diq, Chagi area of Balochistan province.
A three-Judge bench of Chief Justice Iftikhar Mohammad Chaudhry, Justice Khilji Arif Hussain and Justice Tariq Parvez issued notice after conducting proceedings on a civil petition and others.
The bench in its order said that notice should be issued to the TCCA at the cost of petitioner during course of the day by sending it through fax, E-mail as well as courier service.
“The Ministry of Foreign Affairs is also directed to assist the office in effecting service upon the company through the relevant Diplomat of Pakistan in Perth (Australia),” it added.
The bench further observed that on the last date of hearing, it was pointed out that TCCA, which was one of the parties of the Alliance Agreement between the BHP Minerals International Exploration Inc. and TCCA, had been one of the component of TCCP, as the latter had invoked the jurisdiction of the International Chamber of Commerce with the request of arbitration concerning the issue of prospective Reko Diq Minerals Licence.
The bench also directed Secretary (Minerals), Government of Balochistan to dispose of an appeal moved by TCCP by ante-dating the hearing for 3rd March, 2012 and to decide the same on such date.
The bench observed that the decision of the appeal at the earliest was important for the reason that the International Chamber of Commerce had allowed 15 days time to the Government of Balochistan to nominate an Arbitrator, while honouring/respecting the observation made by this Court in the order dated 07.02.2012.
Advocate General Balochistan Amanullah Kanrani, appeared and stated that they had submitted a report over status of mining lease.
He also rejected media reports that they had granted lease to some other company and said that TCCP offer had been rejected.
He informed that TCCP had moved an appeal against the order of the DG Mines, Govt of Balochistan, dated 15.11.2011, which was pending before the Secretary (Minerals).
The bench observed that it was of the opinion that any order passed in the instant petition was likely to cause prejudice to the case of either side; therefore, in the interest of justice, the appeal should be decided by the concerned authority.
Further hearing was adjourned till March 5.
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