Pakistan

SC declares agreement for development of Reko Diq mine legal

Published

6 months ago

Farwa

SC green-lights deal in unanimous verdict.
A presidential reference was filed seeking SC’s opinion on agreement.
The verdict was announced by CJP Umar Ata Bandial.

ISLAMABAD: The Supreme Court on Friday declared the agreement signed with the Canadian company Barrick Gold Corporation for the development of the Reko Diq mine in Balochistan “legal”.

The apex court green-lighted the deal while announcing its unanimous verdict in the presidential reference seeking its opinion on the matter. The 13-page verdict, which was reserved a week ago, was announced by Chief Justice of Pakistan Umar Ata Bandial today.

The court said that the constitution does not allow legislation against national assets, adding that the provinces can make changes in the laws related to minerals.

“There is nothing illegal in the new agreement,” said the court. It added that the agreement was not against the 2013 verdict given by the top court.

The SC also shared that the agreement was not against the environment.

The court also noted that the experts had informed it that the agreement was inked between the federal and provincial governments. However, once the Balochistan Assembly was taken into confidence they backed the agreement.

“As per the Riko Diq agreement, most workers will be Pakistanis. This is not for a single person but for Pakistan. There is nothing illegal in this agreement,” said the court.

The court stated that Barrick Gold Corporation has assured it that labour laws will be implemented and the company will also fulfil its social responsibility.

“The foreign investment bill is not exclusively for Barrick Gold. The foreign investment bill is for companies that will invest more than $500 million dollars,” said the court.

Reko Dik agreement

In March of this year, Imran Khan, who was the prime minister at the time, announced the successful agreement with the Canadian firm for the development of the Reko Diq mine in Balochistan, saying it will create 8,000 new jobs for the people.

“I congratulate the nation and people of Balochistan on successful agreement with Barrick Gold for development of Reko Diq mine,” he tweeted.

In a separate statement, Barrick Gold Corporation confirmed that they have reached an agreement with the federal and Balochistan governments on a “framework that provides for the reconstitution of the Reko Diq project”.

According to the mining company, Barrick “will be the operator of the project which will be granted a mining lease, exploration licence, surface rights and a mineral agreement stabilising the fiscal regime applicable to the project for a specified period”.

“The process to finalise and approve definitive agreements, including the stabilisation of the fiscal regime pursuant to the mineral agreement, will be fully transparent and involve the federal and provincial governments, as well as the Supreme Court of Pakistan. If the definitive agreements are executed and the conditions to closing are satisfied, the project will be reconstituted including the resolution of the damages originally awarded by the International Centre for the Settlement of Investment Disputes and disputed in the International Chamber of Commerce,” said the statement.

Later, the then finance minister Shaukat Tarin shared details of the agreement and said that Barrick Gold would retain 50% of the shares. While the rest of the shares will be divided between the federal government and the provincial government of Balochistan.

The 25% share of the federal government would be divided between the State-Owned Enterprises Oil and Gas Development Company (OGDCL), Pakistan Petroleum Limited (PPL), and Government Holdings Pakistan (GHPL).

Presidential reference

But in October, President Dr Arif Alvi, on the advice of Prime Minister Shehbaz Sharif, filed a reference in the Supreme Court, seeking its input on the deal.

The president had asked two legal questions in reference: (1) whether the Government of Balochistan or Government of Pakistan can enter into an international agreement as per Supreme Court’s Judgment, in Molvi Abdul Haq vs Federation of Pakistan 2013 Case, and (2) if the proposed Foreign Investment (Protection and Promotion) Act 2022 would accord to the constitution?

What is Molvi Abdul Haq case?

Today’s Reko Diq Project Agreement was earlier called Chaghai Hill Exploration Joint Venture Agreement (CHEJVA).

Barrick Gold and Antofagasta Company sought a mining lease extension from the Mines and Mineral Development Department of Balochistan for their exploration in 2011.

The department rejected their request following which the two companies entered into litigation against the governments of Pakistan and Balochistan at two separate international forums, on the basis of $240 million spent by them on exploration.

The government of Pakistan faced a suit for specific performance in the extension of lease in the International Center for Settlement of Investment Disputes (ICSID) while the Balochistan government had to face a case in the International Court of Arbitration (ICC). The ICSID decided the matter against Pakistan, fulfilling all demands of the investor’s companies.

The Supreme Court on January 7, 2013, declared the CHEJVA as illegal, null and void.

The court held that there were severe violations of basic legal requirements and a lack of due diligence in the Reko Diq Project.

The investor companies again filed a lawsuit against Pakistan with the ICSID whose tribunal, in 2019, announced a $6.927 billion award against Pakistan for violation of the agreement. The ICC also ruled against Pakistan but the award is yet to be announced. Legal Experts are of the view that the ICC award against Pakistan will be around $3 billion.

Pakistan

KU students end protest after ‘picked up’ student returns

Published

2 days ago

Farwa

KARACHI: Students of Karachi University called off their protest after a fellow student who was allegedly “picked up” from the varsity’s premises returned.

A KU student confirmed to Geo News that Saqib, the student who was allegedly “whisked away”, has returned.

The students of the varsity had launched a protest, earlier today, after Saqib was allegedly “taken away”.

The protesters told Geo News that the student, studying at the Department of Urdu, was allegedly whisked away by some people in plain clothes. They said the men claimed they were from a law enforcement agency.

However, KU Security Adviser Dr Moiz Khan said Rangers have disassociated themselves from the incident.

The university’s administration analysed the closed-circuit television (CCTV) footage to identify the students and the people who picked him up.

After the incident, the students staged a protest outside KU’s Silver Jubilee Gate and blocked the University Road.

However, upon the police’s request, they shifted their protest to the front of the varsity’s administration block.

The Islami Jamiat-e-Talaba (IJT) claimed that the student was its worker.

Pakistan

Jibran Nasir’s ‘kidnapping’ case registered hours after he was ‘picked up’ in Karachi’s DHA

Published

2 days ago

Farwa

Cases registered under sections 365 and 34 of PPC.
Nasir’s wife seeks immediate release of her husband.
Protest today at 4:00pm at KPC to demand Nasir’s release.

KARACHI: The port city’s police have registered a “kidnapping” case of prominent lawyer and human rights activist Jibran Nasir on the complaint of his wife, Mansha Pasha, hours after the advocate was “picked up” from Defence Housing Authority (DHA) area.

The case has been registered at the Clifton Police Station under two sections of the Pakistan Penal Code — 365 (kidnapping or abducting with intent secretly and wrongfully to confine a person) and 34 (Acts done by several persons in furtherance of common intention).

Pasha, a renowned actress, told police in an application earlier that her husband was “picked up” by men on Thursday night.

Mansha Pashas application to the police. — provided by the reporter — Mansha Pasha’s application to the police. — provided by the reporter

Police were at first, according to Pasha, not registering the FIR. She said she would move the court if the law enforcers did not register the case.

She stated: “On 01.06.2023 at about 11:00 pm, I was returning from dinner with my husband in our personal car … when a white color Toyota Hilux / Vigo … intercepted and hit our car from the front-left side and forced us to stop near Ideal Bakery on 26th Street, Defence Phase 5, Karachi.”

She further added: “Another vehicle i.e. a Silver Corolla blocked our vehicle from behind and as such, we were surrounded. Some 15 people along with weapons came out from the said vehicles in civil clothes and forced my husband to get out of the car, man-handling him towards the subject vehicle. They then abducted him and took him away and his whereabouts are unknown till now.”

In her application, she also requested immediate action be taken to ensure his swift release.

“In light of the above-mentioned situation, I have no other recourse than to approach your office for registration of my complaint for my missing husband. I would be thankful if an immediate action is taken for his swift release. Furthermore, action in accordance with law must be taken against those who abducted my husband,” she wrote.

Furthermore, Pasha told Geo News that a protest was being held at 4:00pm at the Karachi Press Club to demand her husband’s release.

Condemnations

As the news of Nasir’s abduction went viral, several people and human rights organisations condemned the incident.

Concerned by the abduction, they demanded that Nasir be returned home safely and quickly.

The Human Rights Commission of Pakistan (HRCP) took to Twitter stating: “HRCP is deeply concerned by reports that lawyer and activist [Jibran Nasir] has been abducted by unknown armed persons in Karachi. We demand that he be safely recovered immediately and his abductors held accountable under the law.”

Prime Minister’s Strategic Reforms Salman Sufi also tweeted his support for the human rights activist.

“Very disturbing to hear about [Jibran Nasir] abduction. Hope Sindh police will assist his family and locate him immediately. Jibran has always spoken against violent extremism and rioting. Hoping for his safe and immediate return,” he wrote.

Moreover, Imaan Mazari, the daughter of the former human rights minister Shireen Mazari expressed his dismay at the news.

“No words… complete madness,” she tweeted.

Pakistan

8-year-old girl raped in Islamabad

Published

2 days ago

Farwa

Afghan girl was raped by a man in broad daylight.
Case lodged at Shahzad Town Police Station.
Medico-legal official confirms the girl’s rape.

ISLAMABAD: An 8-year-old Afghan girl was raped by a man in broad daylight who managed to run away in the presence of residents of Mohallah Diptian falling in the jurisdiction of Shahzad Town Police Station, The News reported Friday.

The minor victim was shifted to a hospital where the medico-legal official confirmed the rape.

The Shahzad Town police have registered the case against the unidentified rapist under sections 376 and 377/B of the Pakistan Penal Code on the complaint of the father of the victim but couldn’t hunt down the rapist till the filing of this report.

Hazar Gul, an Afghan national, hailing from Jalalabad, lodged a complaint with the Shahzad Town, saying that he was living in Mohallah Diptian, located near Mariam Masjid with his family for a couple of months.

“I was present at my house along with my elder brother when we heard some noises from the street, we rushed out of the house and witnessed a young man running towards us, consequently, without knowing the reason for his escape, we both tried to intercept him but he succeeded to let loose from our clutches and ran off from our custody,” the complainant narrating his story, said.

However, he said, “We moved towards the place where people of the street were gathered and saw my minor daughter crying.”

Upon query, the minor victim told him the tale of the brutal attack on her, saying she was playing near her house when she was dragged by the rapist into an under-construction house and raped forcibly.

The DPO (Rural) has taken up the case and asked the Shahzad Town police to take the case as a challenge and use all their efforts to make headway to arrest the rapist, the police sources said.

The SP has constituted teams and sent them to different locations to get a clue about the rapist.

The sources added that the police have rounded up a few suspects for investigation, claiming that the police teams would make headway to the criminal and hunt him down within the next 24 hours.