ISLAMABAD: Supreme Court of Pakistan on Friday declared the newly agreed deal about Reko Dik as legal, in response to two questions asked in Presidential reference. The Supreme Court while announcing short opinion held that in settlement deal on Reko Diq project, there is no violation of SC 2013 judgment.
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The The five-judge larger bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, and Justice Jamaal Khan Mandokhel had reserved its verdict on the Reko Diq presidential reference on November 29.
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Chief Justice of Pakistan Umar Ata Bandial announced the 13-page short opinion, saying that the federal and provincial governments had made the agreement with expert opinion and that the Balochistan Assembly was taken into confidence about the deal and that the elected public representatives did not object to the agreement either.
The SC in its opinion said that Sindh and Khyber Pakhtunkhwa governments had made laws for the development of mineral resources and that there was no illegal clause in the contract, and the Canadian mining firm had assured that labor laws would be enforced and ensured corporate social responsibility.
The Supreme Court declared that the Foreign Investment Bill was not just for Barrick Gold, but for every company that wanted to invest more than $500 million in the country.
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However, one member Justice Yahya Afridi didn’t respond on the first question wherein it was asked as whether public policy or Constitution of Pakistan prevent the GoB and the GoP from entering into the Implementation Agreement and the Definitive Agreements [Agreements].
The presidential reference had sought opinion on two questions: is the deal with the complainant company, TCC, compliant with the apex court’s earlier judgment in the Maulvi Abdul Haq case; second, is the proposed Investment Protection Act compliant with the Constitution.
At the end of previous hearing, Chief Justice was quoted as saying “he President has sought the court’s opinion over the legal challenges pertaining to the Reko Diq agreement.” “It is a fact that billions of dollars fine has been imposed on Pakistan. The federation has followed the constitution and the law in the agreement,” chief justice said.
“We are pleased that Reko Diq agreement assures compliance with international standards,” the chief justice observed.
“It is also a good omen that no side has termed the agreement as unlawful,” Justice Ijazul Ahsan said. “All lawyers agreed that Reko Diq is a transparent and people-friendly agreement,” Justice Ahsan added.
“Reko Diq agreement reached after hectic parlays for three years,” the deputy attorney general informed the court.
