Supreme Court’s opinion on new Reko Diq project next week

ISLAMABAD: The Supreme Court on Tuesday reserved its opinion on the Presidential Reference on the Reko Diq Project after amicus curiae and counsel for the parties concluded their arguments.

A five-member larger bench of the apex court, headed by Chief Justice Umer Ata Bandial and comprising Justice Ijazul Ahsen, Justice Muneeb Akhtar, Justice Yahya Afridi and Justice Jamal Khan Mandokhel, heard the Presidential Reference on the new Reko Diq Project.

After Salman Akram Raja and Barrister Farogh Naseem’s amicus curiae arguments were concluded, the court reserved its opinion on the Presidential Reference. The court will announce its opinion next week.

On Tuesday, Chief Justice Umer Ata Bandial thanked the amicus curiae, the additional attorney-general and counsel for the parties for their valuable assistance.

The chief justice observed that the court will be very cautious about basic rights while giving its judgment on the Presidential Reference, adding that the president had sought the opinion of the court on legal challenges. “The fact in the Reko Diq case is that there is a fine of billions of dollars on Pakistan,” the CJP said, adding that the federal government has adhered to the Constitution and law.

“We are happy that an assurance has been given in the Reko Diq agreement for adhering to international standards,” the chief justice remarked.

Justice Ijazul Ahsen observed that it’s a welcome sign that the Reko Diq Reference was not declared illegal from any side, adding that all the lawyers are unanimous that Reko Diq is a transparent and public project. Assisting the court on the new Reko Diq Project, Salman Akram Raja submitted before the court that under the Investment Act 2022, the project site will be declared an export processing zone.

He submitted that the laws of the International Labour Organisation are not applicable because they are not part of Pakistani law. He, however, offered that the court could issue directives to the federal government that it should pay salaries to labourers mining in Reko Diq. “It is also apparent that the Reko Diq agreement will not cause any loss to the country,” Raja submitted.

He submitted that the apex court was not asked to give its opinion on the details of the project, adding that the court is not a party to the instant matter that could be stamped on it. He submitted that ownership of the project should be maintained by the political leadership. Justice Yahya Afridi asked Raja if the court could refuse the president’s request for an opinion on a policy matter.

“The apex court may refrain from giving its opinion on policy matters,” Salman Akram Raja replied. Justice Ijazul Ahsen said that the court could give its opinion if there is any violation of the law or the Constitution in the Reko Diq Project. Assisting the court on the matter as amicus curiae, former law minister Barrister Farogh Naseem said that if the court did not find the Reko Diq agreement transparent while examining its provisions, then again somebody would challenge it before the court.

He stressed that instead of the financial aspect of the project, the court should give its opinion on its legal aspect, adding that the court cannot return the reference without examining the questions asked.

“Should we take Reko Diq as an agreement between the two parties or an agreement as a result of a billion-dollar fine?” Justice Yahya Afridi asked Naseem. Farogh Nassem replied that it should be taken into account in the reference that there is a fine of $10 billion on Pakistan. The amicus curiae recalled that nothing is mentioned about fundamental rights in the Supreme Court judgment of 2013, declaring the Reko Diq agreement illegal.

He submitted that the court while giving its opinion on the presidential reference, should consider the public’s interest in the new Reko Diq Project.

He further recalled that as law minister, he had held talks on the Reko Diq agreement, adding that the foreigners used to praise Pakistan’s words as well. He said that the world’s best mines are in Reko Diq, where an agreement is being made with the best mining company.

Meanwhile, the court has reserved its opinion on the presidential reference and will announce it next week.