SC appoints three amici curiae in Reko Diq case

The Supreme Court appointed Tuesday Salman Akram Raja, Senator Farogh Naseem, and Zahid Ibrahim as amici curiae in the Reko Diq case. A notice has also been issued to the Balochistan Bar Council for assistance. The court was hearing the presidential reference seeking validation for the new Reko Diq project deal under Article 186 of the Constitution. President Arif Alvi had filed the reference on the advice of Prime Minister Shehbaz Sharif seeking the opinion of the apex court regarding the contract with Barrick Gold Corporation – a Canada-based mining group. During the hearing, Chief Justice Umar Ata Bandial asked the government why it wants to apply the decade-old laws of 1970 in the case and not develop new rules for the purpose. He also asked if the Balochistan government has plans to make new laws for mining. The chief justice also said that only legal constitutional questions can be examined in the reference whilst ignoring the political and economic implications. Justice Bandial noted that the judiciary can not undermine third-party rights due to an international agreement. “Under which policy was the Reko Diq agreement formulated?” the chief justice asked the legal counsel representing the government. While analyzing the issue, the chief justice highlighted that in the absence of proper constitutional provisions, the new agreement may be left at the mercy of a court order. He further questioned if the rules have been amended or not. Additional Attorney General Aamir Rehman told the court that the new law enables the government to amend the rules as per requirement. The chief justice maintained that even if the rules have been relaxed, transparency is mandatory. Later, the court adjourned the hearing till Wednesday.
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