ISLAMABAD: President Arif Alvi on Tuesday filed reference in the Supreme Court of Pakistan under Article 186 of the Constitution of Pakistan, 1973 in Reko Diq Project.
Officials said the federal cabinet in a meeting held on 30th September had approved filing of a reference in the Supreme Court under Article 186 of the Constitution, seeking opinion on two questions: 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.
In the reference, the following questions of law of public importance have been asked:-
“i. Whether the earlier judgment of the Supreme Court reported as Maulvi Abdul Haque Baloch v. Federation of Pakistan PLD 2013 SC 641, the Constitution of Pakistan, laws or public policy prevent the Government of Pakistan and the Government of Balochistan from entering into the Reko Diq Agreements or affect their validity?
ii. If enacted, would the proposed Foreign Investment (Protection and Promotion) Bill, 2022 be valid and constitutional?”
The move came following an earlier demand by Barrick Gold Corporation, a Canada-based mining group, urging the federal government to get the Reko Diq gold and copper deal stamped by parliament and the Supreme Court for the long-term sustainability of the company’s investment in the project.
