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Archive for January, 2012

British Case of Sour Grapes: Pakistan Test Win Does Not Sit Well

Stealth Racism is alive and well in Britain. No matter, how much they claim their adherence to racial equality, just below the surface lies the cesspool of blatant racism. British racism is based on arrogance and lack of national pride. Their biggest fear is that the “pakis,” will takeover good old British Isles. May their fear come true. Amen Ironically, Pakistani old men are better than young British lads, so much for the tables being turned.

On The Front Foot: No doubt about it – Pakistan is a country for old men


It may be no consolation to England whatever that they have just been beaten by a bunch of old men.The Pakistan side who inflicted a 10-wicket defeat on the No1 Test team in the world were the second oldest to have taken the field for their country.

With an average age of 30 years and 318 days, they are eclipsed only by the team who drew against West Indies inDecember 1980/January 1981, whose average was 31 years and 44 days. By the time Pakistan played their next Test almost a year later, four of their players over 30 were not in the side. That fate is unlikely to befall this team, who contained seven players who have passed their 30th birthday, the oldest being the captain, Misbah-ul-Haq, 37 years and 234 days when the match started. The youngest player was Asad Shafiq at 25 years and 284 days. Consider that when Pakistan played England at Edgbaston in 2010 they took the field with a side whose average age was little more than 25, among their top 50 youngest teams. Incidentally, Saeed Ajmal, the man of the moment, will be 34 years and 103 days when the Second Test begins on Wednesday. He did not make his debut until he was 31 years and 263 days, pretty senior by Pakistani standards when it is considered that Hasan Raza made his debut at 14 years and 278 days. But it makes Ajmal only the ninth oldest debutant for his country. The seventh oldest, Aizaz Cheema (31 years, 361 days) also played inthe match.

 

Cricket: Pakistan Bowlers puncture England
DATE: 21 JANUARY 2012POSTED BY : BY DR. ABDUL RUFF
The number one test team for the U.K. has been drowned in Dubai.
Of late, bowling has reinvented itself, crushing all best known batboys without compromises. Australia crushed India, while South Africa thrashed Sri Lanka and Pakistan just shattered all hopes of both England’s team and Indian sport strategist who wanted to see Pakistan crushed by English boys in Dubai so that Indians could derive some extra sadistic pleasure forgetting their own poor fate in Australia.
It seems, in order to prove that their team can win without big batboys, South Africa has asked world No.1 batsman Hashim Amla to rest and he has pulled out of the series owing to” family responsibilities” and veteran Jacques Kallis has been rested for the remainder of the series. But SA won the ODI-3 and sealed the series.
Pakistan has slapped the all powerful UK, a junior part of USA-UK terror twins, right in their face in Dubai playing test cricket. Since England claims to be the top test team today while Pakistan is no where in the map and makes no claims, the Pakistani thrash is too harsh for the poor English boys to digest. England, which asks the UK state terrorists to consume the corpses of fallen Muslims in NATO occupied Islamic nations, thought it was too easy to defeat a weakened Pakistan now.
But the English boys are deadly mistaken. It seems, a new sense of discipline, has given the Pakistanis a chance to put their cricket house in order. Castigated for a lack of unity, consistency and awareness of the pitfalls in the game, some of Pakistan’s most talented players went into oblivion.
This is the 2nd victory for Pakistan in Dubai. This is also the 3rd time that they have inflicted a 10-wicket win over England.
Match fixing is common in cricket and teams do it on behalf of the nations or mediated by mafia. But Pakistan has been made a scapegoat because the NATO terror syndicate in Pakistan wanted to control the regime and military o there by adding insult to injury. The Indo-UK spot-fixing scandal of 2010 destroyed the careers of three of Pakistan’s most exciting talents in Salman Butt, Mohammad Asif and Mohammad Aamer. These players also refused to quit cricket in protest against ICC highhandedness and favor of human dignity.
Since the spot-fixing scandal, conspired by Indo-UK to further weaken Pakistani cricket, Pakistan’s decision to appoint Misbah-ul Haq as captain has proved inspired and the team has not looked back, beating the world’s best team England by 10 wickets in the first Test on 18th January in Dubai, the adopted cricket home of Pakistan to play international cricket because of insistence of Indo-UK led ICC not to approve Pakistani stadiums for cricket. Misbah said he has tried to introduce the missing virtues of unity, discipline and focus into the team. Ajmal, who took a career-best 7-55 in the first innings, completed a 10-wicket match haul as Pakistan dismissed England for 160 before scoring the 15 runs needed for victory.
However, any other team would have won the match by one innings after such a turn of fortunes in their favor, but Pakistani team lacked both commitment and will or desire for that. They just wanted to win the match no matter whether with one innings or one run. Gul threw deliberate no-ball t spoil his LBW removing Swann but Swann had to return to play for more t runs to deny Pakistan a real chance for one innings win over the British “masters”.
Of course, an innings win is not that important.
The win gave Pakistan a 1-0 lead in the three-Test series. The second Test starts in Abu Dhabi from January 25 and which won’t be different from this one, but it could only be better if Pakistani boys played with a vision, inheriting the Australian drive against India.
None is too indispensable in cricket. Shoaib Akhtar has gone away because he lost his way and talent, refusing to reinvent himself. There is a need to constantly updating the team with new bowlers and batboys with better training.
In fact Pakistani bowlers are not better than England’s. Nor the British batboys are worse than Pakistan’s. But the fact is rankings in cricket are bogus- both teams and individuals. British team is not the best but they were groomed by others, including India and Australia.
Pakistani team wanted to give credit for the win to its batboys and hence they did not want to win with an innings and waited for the batboys to bat again chasing down meagre 15 runs with 10 wickets in tact quickly with UK help of fast 4s.
Pakistani victory could be explained not by the prowess of its cricketers, but bad cricketers of London which claims the number one slot in test cricket, and controls the other small nations within what is known as UK, imposing its will on other English speaking peoples. Democracy is defined by UK in its own way.
Yes, if there is one bowling attack that has the balance and the variety to win a game within 3 days in the flat tracks of UAE, it has to be Pakistan. Even faster than the Aussies. They have absolutely decimated the so-called number 1 Test side in the world, who looked pretty clueless.
Pakistan still has to re-think about their bowling options, by removing those who do restrict run flow, because England would certainly make necessary amendments to face the “threat”. England would also get generous “tips” from others like India.
It should be noted here that cricketers are not just a foolish crop of mainly school drops outs seeking big honours from regime but they are closely knit network connected with mafias and other similar networks and they have been plying to boost the image of batboys. Bowlers are used just the “helpers”. UK, South Africa, India and Africa and other teams played joint cricket exercises to pursue the common agendas and promotion of rankings. South Africa after “clinching” the ODI series 3-0 has let the SL win the fourth ODI apparently not to offend India by overtaking its ranking. SA also promotes India and others.
But the puncture inflicted upon England by Pakistan in Dubai is so huge that the English boys would have to suffer now and all pleasures of joint cricketism with Indian team in favour of the hosts and celebration of Diwali festivities not long ago in India have just melted away.

 

Cricket: Pakistan Bowlers puncture EnglandDATE:

21 JANUARY 2012

POSTED BY : BY DR. ABDUL RUFF

About the writer:
Dr. Abdul Ruff, Specialist on State Terrorism; Educationalist; Chancellor-Founder of Centor for International Affairs(CIA); Independent Analyst; Chronicler of Foreign occupations & Freedom movements(Palestine, Kashmir, Iraq, Afghanistan, Pakistan, Xinjiang, Chechnya, etc); Anti-Muslimism and anti-Islamism are more dangerous than “terrorism” Anti-Islamic forces & terrorists are using criminal elements for terrorizing the world and they in disguise are harming genuine interests of ordinary Muslims. Global media today, even in Muslim nations, are controlled by CIA & other anti-Islamic agencies. Former university Teacher. Website:http://abdulruff.wordpress.com.

 

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Husain Haqqani’s Network Activated:Who’s Agent is Mira Sethi?

Husain Haqqani has a vast and complex network of friends ad sympathisers in the US.  Many belong to the same clan as Najam Sethi, another foriegn agent and political hack. This network has now been activated to demonize the Pakistan Army and promote Husain Haqqani as a “victim.”  This is a game called, BIG BAD WOLF, in which shyster Haqqani is portrayed as as Little Red Riding Hood and Pakistan Army as the Big Bad Wolf.  Behind, Husain Haqqani’s network is the support of Neocons and the Zionist lobby.  They control the media and the press in the US. An example of the activities of this evil cabal, is the propaganda being launched against the Pakistan Army in the US Press.  The ultimate aims of these groups is the same. Whos agent is Mira Sethi? One may ask!

1) Control Pakistan’s nuclear and ballistic missile assets,

2) Empower Zardari.

3) Detente with India and providing it access to Afghanistan through Pakistan and MFN

4)Perpetuate the current PPP government and possibly Zardari as lifetime President

5) Control and destroy the ISI and reduce the strength of Pakistan Army.

 

The downfall of Spain was brought about by Muslim collaborators. Similar, collaborators are trying to bring the down fall of Pakistan.

Here is an article from this evil cabal:

 

 

THE WEEKEND INTERVIEWJANUARY 21, 2012

A Hostage in Pakistan

Husain Haqqani, Pakistan’s former ambassador to the U.S., is living under house arrest. The reason? He offended the country’s military.

By MIRA SETHI

Islamabad, Pakistan

‘There are forces in Pakistan that want us to live in fear—fear of external and internal enemies.” So warns Husain Haqqani, until November Pakistan’s ambassador to Washington and now a de facto prisoner of the Pakistani generals whose ire he has provoked. “But just as the KGB and the Stasi did not succeed in suppressing the spirit of the Soviet and East German people, these forces won’t succeed in Pakistan in the long run, either.”

I am speaking to Mr. Haqqani in a spacious room in the official residence of Pakistani Prime Minister Yousaf Raza Gilani, where the 55-year-old former ambassador—wearing a cotton tunic, loose trousers and white rubber slippers—has been living for weeks, mainly for fear that he might be assassinated outside. The living arrangements may seem odd for those unfamiliar with Pakistan’s fractured politics. But his fear is not ill-founded.

Mr. Haqqani’s fall from political grace began on Oct. 10, 2011, when an American businessman of Pakistani descent, Mansoor Ijaz, took to the op-ed pages of the Financial Times to broadcast an explosive claim. In the aftermath of the Navy SEAL raid on Osama bin Laden’s compound in Pakistan, Mr. Ijaz alleged, he was approached by a “senior Pakistani diplomat” to pass on a memo to Adm. Mike Mullen, then chairman of the joint chiefs of staff. The memo sought U.S. help in fending off a possible military coup in Pakistan and effecting a civilian takeover of the country’s security program.

Some weeks after publishing his op-ed—and, it turns out, after secretly meeting with the chief of Pakistan’s premier spy agency, Inter-services Intelligence (ISI)—Mr. Ijaz claimed that Mr. Haqqani was the diplomat who had asked him to draft the memo. He said he had corresponded with Mr. Haqqani via Blackberry messages, phone conversations and emails to formulate the memo.

Mr. Haqqani denied the allegation and returned to Pakistan to clear his name after “Memogate”—as the issue was breathlessly dubbed in Pakistan’s media—threatened to rupture civil-military relations. When he landed at Islamabad airport on Nov. 20, the military seized his passport.

“I did not craft or write the memo that is currently the cause of controversy,” Mr. Haqqani tells me flatly. Nonetheless, he offered his resignation as ambassador to facilitate the inquiry. Shortly afterward, Pakistan’s supreme court took up the matter and banned Mr. Haqqani from leaving the country.

Back in the U.S., Adm. Mullen claims to have only a hazy recollection of having received, but not taken seriously, an unsigned memo that did not bear the imprimatur of the Pakistani government. The upshot, as Mr. Haqqani points out, is a Pakistani scandal that “involves a memo written by an American and delivered through an American [retired Gen. Jim Jones], to an American military official who consigned it to the dustbin.”

It also bears noting that the central “conspiracy” in Memogate supposedly involves an attempt by civilian agents of Pakistan’s government to protect that government from yet another illegal military coup. That didn’t stop Pakistan’s supreme court from taking up charges of “treason” against Mr. Haqqani that could carry the death penalty. Nor has it prevented elements in Pakistan’s media from seeking to convict Mr. Haqqani as a traitor and “American agent.”

Enlarge Image

Terry Shoffner

Such incitements are not idle in the context of Pakistan’s violent street politics. Last year saw the assassination in broad daylight of Salmaan Taseer, the governor of Pakistan’s largest province, whom media had vilified for criticizing the country’s notorious blasphemy laws and championing the cause of a Christian woman sentenced under them. Taseer’s assassin—one of his own bodyguards—instantly became a hero in many quarters. Four months later, investigative journalist Saleem Shahzad was abducted, tortured and killed after he exposed al Qaeda’s infiltration of the Pakistani Navy. ISI involvement in Shahzad’s killing is widely suspected though it was officially denied by a recent commission of inquiry led by a supreme court judge.

These precedents weigh on Mr. Haqqani, but he seems determined to press on. “I lived in the United States and taught in the United States,” he says, referring to his time as professor of international relations at Boston University and his stint as ambassador. “But I never sought American citizenship because I wanted to be able to contribute to the process of reform and the idea of civilian supremacy in Pakistan.”

This points to the issue at the heart of Mr. Haqqani’s—and Pakistan’s—predicament: The failure of “the idea of civilian supremacy” to gain both a practical and uncontested grip. Instead, Pakistani politics lives in a kind of halfway-house neatly captured by Mr. Haqqani’s halfway-house status as both guest and prisoner—a guest of the country’s democratically elected leadership, a prisoner of the military and associated antidemocratic forces that want to make an example of the urbane diplomat.

If anyone is equipped to analyze these dilemmas, it is Mr. Haqqani. His 2005 book, “Pakistan: Between Mosque and Military” drew attention to the Islamist proxies of Pakistan’s military that have killed thousands of Pakistanis and destabilized Afghanistan for two decades. “One of the reasons some people in the establishment hate me so much is because of my book. In fact, when I was made ambassador, somebody said to me that until you recant your book, you will never be forgiven by the Pakistani establishment.”

He explains that “Pakistan has a long history of military intervention in politics. There were years when the military did not directly intervene but used proxies. Throughout the 1990s, we had four changes of government and forced early elections each time. For example, among the first allegations against Benazir Bhutto”—the former prime minister assassinated by al Qaeda affiliates in 2007—”was that she was somehow going to compromise the country’s nuclear program. So, there are elements entrenched in the apparatus of state who are very reluctant to fully trust the elected leaders of the country.”

I press him on the invisible pressures on President Asif Ali Zardari’s unpopular government. “Soon after I resigned President Zardari fell ill,” he notes. “The psychological-warfare machine tried to give it the color of President Zardari fleeing the country. He went [to Dubai] to get treated and then came back.” Speaking perhaps as much to reassure himself as to lend some support to Mr. Zardari—who, if he stays in office through the end of his term in 2013, will be the first Pakistani president to do so—Mr. Haqqani adds that “In all psychological warfare, if the targets keep their nerves, then nothing happens.”

Indeed Mr. Zardari and Prime Minister Gilani—Mr. Haqqani’s other main protector—are both continually fighting for their political survival. For Mr. Gilani, charges of contempt of court could cost him his prime ministership. For Mr. Zardari, longstanding corruption charges still dog him, and his rivals on the Supreme Court could soon strip him of his presidential immunity. If either man is convicted, the government will fall, possibly dooming Mr. Haqqani and his cause.

As ambassador in Washington, Mr. Haqqani was often referred to as “silver-tongued,” a man able to communicate effectively with officials of different political persuasions. Cultivating a relationship with a senator based on shared appreciation of a book on, say, tribal warfare, was the kind of thing that came easily to him.

He says he represented Pakistan diligently at a time when U.S.-Pakistani relations were deeply strained. “There is a longstanding culture of grievance in Pakistan,” he says. “A lot of Pakistanis feel the U.S. has not always been responsive to Pakistan’s geostrategic concerns. The Pakistani national narrative also says that Pakistan has been deserted by the United States many times. And the U.S. has not done enough to try and change that national narrative.”

As for the current U.S. administration, he says that it “does not have the human resources right now to fully understand the complexities of Pakistan and engage with them. They don’t have the people who understand.”

The traditional pattern of U.S.-Pakistan relations has been that American intelligence wants working relations with Pakistani intelligence, and the State Department wants working relations with Pakistan’s foreign office. “The U.S. will have to find a balance between their immediate needs and the long-term usefulness of their actions,” says Mr. Haqqani. “They always say the civilian government is ‘too weak’ for them to engage with. But how will the civilian government become strong if, on all major issues, U.S. officials keep running to Pakistan’s military leaders for advice and consultation?”

Still, Mr. Haqqani is not about to blame the U.S. for Pakistan’s failures to develop into a normal state. The progressive dreams of the country’s founder, Muhammad Ali Jinnah, have been “shattered by religious extremism and repeated military interventions in politics.” Enunciating his words carefully, he adds: “While I respect the Pakistani armed forces, I certainly do not support the idea of a militarized Pakistan.”

Things may yet work out in Mr. Haqqani’s favor. The military and its allies may detest him and want to wound his friends in government, but they do not seem prepared to bring the government down, much less formally take the reins of state. Pakistan is still dependent in many ways on the U.S., which is its biggest trading partner and supplier of military resources. Two weeks ago, U.S. Sens. John McCain, Joseph Lieberman and Mark Kirk issued a statement saying they were “increasingly troubled” by the treatment of Mr. Haqqani and were “closely following” his case.

Yet it says something dark about Pakistan that an episode as preposterous as Memogate can all but paralyze the politics of a country already reeling from a faltering economy, sectarian violence and a parlous international situation. The military establishment is still pursuing an arms race with India and helping the Taliban in Afghanistan—and it has been remarkably successful in casting its domestic opponents as agents of the CIA or Indian intelligence. Thus Mr. Haqqani’s concern: “Sometimes I wonder if Salmaan Taseer’s fate awaits all those of us who stand up for a different vision for Pakistan.”

Ms. Sethi is an assistant books editor at the Journal.

Islamabad, Pakistan

‘There are forces in Pakistan that want us to live in fear—fear of external and internal enemies.” So warns Husain Haqqani, until November Pakistan’s ambassador to Washington and now a de facto prisoner of the Pakistani generals whose ire he has provoked. “But just as the KGB and the Stasi did not succeed in suppressing the spirit of the Soviet and East German people, these forces won’t succeed in Pakistan in the long run, either.”

I am speaking to Mr. Haqqani in a spacious room in the official residence of Pakistani Prime Minister Yousaf Raza Gilani, where the 55-year-old former ambassador—wearing a cotton tunic, loose trousers and white rubber slippers—has been living for weeks, mainly for fear that he might be assassinated outside. The living arrangements may seem odd for those unfamiliar with Pakistan’s fractured politics. But his fear is not ill-founded.

Mr. Haqqani’s fall from political grace began on Oct. 10, 2011, when an American businessman of Pakistani descent, Mansoor Ijaz, took to the op-ed pages of the Financial Times to broadcast an explosive claim. In the aftermath of the Navy SEAL raid on Osama bin Laden’s compound in Pakistan, Mr. Ijaz alleged, he was approached by a “senior Pakistani diplomat” to pass on a memo to Adm. Mike Mullen, then chairman of the joint chiefs of staff. The memo sought U.S. help in fending off a possible military coup in Pakistan and effecting a civilian takeover of the country’s security program.

Some weeks after publishing his op-ed—and, it turns out, after secretly meeting with the chief of Pakistan’s premier spy agency, Inter-services Intelligence (ISI)—Mr. Ijaz claimed that Mr. Haqqani was the diplomat who had asked him to draft the memo. He said he had corresponded with Mr. Haqqani via Blackberry messages, phone conversations and emails to formulate the memo.

Mr. Haqqani denied the allegation and returned to Pakistan to clear his name after “Memogate”—as the issue was breathlessly dubbed in Pakistan’s media—threatened to rupture civil-military relations. When he landed at Islamabad airport on Nov. 20, the military seized his passport.

“I did not craft or write the memo that is currently the cause of controversy,” Mr. Haqqani tells me flatly. Nonetheless, he offered his resignation as ambassador to facilitate the inquiry. Shortly afterward, Pakistan’s supreme court took up the matter and banned Mr. Haqqani from leaving the country.

Back in the U.S., Adm. Mullen claims to have only a hazy recollection of having received, but not taken seriously, an unsigned memo that did not bear the imprimatur of the Pakistani government. The upshot, as Mr. Haqqani points out, is a Pakistani scandal that “involves a memo written by an American and delivered through an American [retired Gen. Jim Jones], to an American military official who consigned it to the dustbin.”

It also bears noting that the central “conspiracy” in Memogate supposedly involves an attempt by civilian agents of Pakistan’s government to protect that government from yet another illegal military coup. That didn’t stop Pakistan’s supreme court from taking up charges of “treason” against Mr. Haqqani that could carry the death penalty. Nor has it prevented elements in Pakistan’s media from seeking to convict Mr. Haqqani as a traitor and “American agent.”

Enlarge Image

Terry ShoffnerSuch incitements are not idle in the context of Pakistan’s violent street politics. Last year saw the assassination in broad daylight of Salmaan Taseer, the governor of Pakistan’s largest province, whom media had vilified for criticizing the country’s notorious blasphemy laws and championing the cause of a Christian woman sentenced under them. Taseer’s assassin—one of his own bodyguards—instantly became a hero in many quarters. Four months later, investigative journalist Saleem Shahzad was abducted, tortured and killed after he exposed al Qaeda’s infiltration of the Pakistani Navy. ISI involvement in Shahzad’s killing is widely suspected though it was officially denied by a recent commission of inquiry led by a supreme court judge.

These precedents weigh on Mr. Haqqani, but he seems determined to press on. “I lived in the United States and taught in the United States,” he says, referring to his time as professor of international relations at Boston University and his stint as ambassador. “But I never sought American citizenship because I wanted to be able to contribute to the process of reform and the idea of civilian supremacy in Pakistan.”

This points to the issue at the heart of Mr. Haqqani’s—and Pakistan’s—predicament: The failure of “the idea of civilian supremacy” to gain both a practical and uncontested grip. Instead, Pakistani politics lives in a kind of halfway-house neatly captured by Mr. Haqqani’s halfway-house status as both guest and prisoner—a guest of the country’s democratically elected leadership, a prisoner of the military and associated antidemocratic forces that want to make an example of the urbane diplomat.

If anyone is equipped to analyze these dilemmas, it is Mr. Haqqani. His 2005 book, “Pakistan: Between Mosque and Military” drew attention to the Islamist proxies of Pakistan’s military that have killed thousands of Pakistanis and destabilized Afghanistan for two decades. “One of the reasons some people in the establishment hate me so much is because of my book. In fact, when I was made ambassador, somebody said to me that until you recant your book, you will never be forgiven by the Pakistani establishment.”

He explains that “Pakistan has a long history of military intervention in politics. There were years when the military did not directly intervene but used proxies. Throughout the 1990s, we had four changes of government and forced early elections each time. For example, among the first allegations against Benazir Bhutto”—the former prime minister assassinated by al Qaeda affiliates in 2007—”was that she was somehow going to compromise the country’s nuclear program. So, there are elements entrenched in the apparatus of state who are very reluctant to fully trust the elected leaders of the country.”

I press him on the invisible pressures on President Asif Ali Zardari’s unpopular government. “Soon after I resigned President Zardari fell ill,” he notes. “The psychological-warfare machine tried to give it the color of President Zardari fleeing the country. He went [to Dubai] to get treated and then came back.” Speaking perhaps as much to reassure himself as to lend some support to Mr. Zardari—who, if he stays in office through the end of his term in 2013, will be the first Pakistani president to do so—Mr. Haqqani adds that “In all psychological warfare, if the targets keep their nerves, then nothing happens.”

Indeed Mr. Zardari and Prime Minister Gilani—Mr. Haqqani’s other main protector—are both continually fighting for their political survival. For Mr. Gilani, charges of contempt of court could cost him his prime ministership. For Mr. Zardari, longstanding corruption charges still dog him, and his rivals on the Supreme Court could soon strip him of his presidential immunity. If either man is convicted, the government will fall, possibly dooming Mr. Haqqani and his cause.

As ambassador in Washington, Mr. Haqqani was often referred to as “silver-tongued,” a man able to communicate effectively with officials of different political persuasions. Cultivating a relationship with a senator based on shared appreciation of a book on, say, tribal warfare, was the kind of thing that came easily to him.

He says he represented Pakistan diligently at a time when U.S.-Pakistani relations were deeply strained. “There is a longstanding culture of grievance in Pakistan,” he says. “A lot of Pakistanis feel the U.S. has not always been responsive to Pakistan’s geostrategic concerns. The Pakistani national narrative also says that Pakistan has been deserted by the United States many times. And the U.S. has not done enough to try and change that national narrative.”

As for the current U.S. administration, he says that it “does not have the human resources right now to fully understand the complexities of Pakistan and engage with them. They don’t have the people who understand.”

The traditional pattern of U.S.-Pakistan relations has been that American intelligence wants working relations with Pakistani intelligence, and the State Department wants working relations with Pakistan’s foreign office. “The U.S. will have to find a balance between their immediate needs and the long-term usefulness of their actions,” says Mr. Haqqani. “They always say the civilian government is ‘too weak’ for them to engage with. But how will the civilian government become strong if, on all major issues, U.S. officials keep running to Pakistan’s military leaders for advice and consultation?”

Still, Mr. Haqqani is not about to blame the U.S. for Pakistan’s failures to develop into a normal state. The progressive dreams of the country’s founder, Muhammad Ali Jinnah, have been “shattered by religious extremism and repeated military interventions in politics.” Enunciating his words carefully, he adds: “While I respect the Pakistani armed forces, I certainly do not support the idea of a militarized Pakistan.”

Things may yet work out in Mr. Haqqani’s favor. The military and its allies may detest him and want to wound his friends in government, but they do not seem prepared to bring the government down, much less formally take the reins of state. Pakistan is still dependent in many ways on the U.S., which is its biggest trading partner and supplier of military resources. Two weeks ago, U.S. Sens. John McCain, Joseph Lieberman and Mark Kirk issued a statement saying they were “increasingly troubled” by the treatment of Mr. Haqqani and were “closely following” his case.

Yet it says something dark about Pakistan that an episode as preposterous as Memogate can all but paralyze the politics of a country already reeling from a faltering economy, sectarian violence and a parlous international situation. The military establishment is still pursuing an arms race with India and helping the Taliban in Afghanistan—and it has been remarkably successful in casting its domestic opponents as agents of the CIA or Indian intelligence. Thus Mr. Haqqani’s concern: “Sometimes I wonder if Salmaan Taseer’s fate awaits all those of us who stand up for a different vision for Pakistan.”

Ms. Sethi is an assistant books editor at the Journal.

 

 

 

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Pakistan Army Must Protect the Reko Diq Gold,Copper, and Platinum from Zardari’s sticky fingers

 

Zardari is planning on selling rights to Reko Diq Gold, Copper, Platinum and Other Mineral Reserves under the table to a host of foriegn mining interests. We appeal to the Pakistan Armed Forces and the Supreme Court to take proactive role in protecting the strategic reserves of Gold and Copper at Reko Diq. According to Shaheen Sehbai, “One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration.” Zardari may get his commission for the sale of this gold
Where there is Gold, there are a host of minerals, including, silver, uranium, platinum, and even diamonds.

Trace Minerals found with Gold

Forward:
There are many minerals that are found in nature with gold, one of the most common found in placer deposits is small grains of magnetite.  This and other minerals have been used to find gold that can be recovered by the use of the pan.  Other minerals have been used in locating gold in lode deposits.  It seems that gold is often found with other metal bearing minerals including iron. These are called indicator minerals.
Fig. 1 Crystalline gold
Placer deposits are made from the products of erosion if they can withstand the rigors of the weathering process.  Very few minerals are hard and tough enough to survive whole and remain recognizable when they have been reduced to the size of sand grains, around 2 mm in diameter.  The most abundant mineral found in sand is quartz, SiO2 also known as silica. 
Quartz grains along with other minerals having a hardness of 7 or more on the Mohs Scale of Hardness make up what are called black sands or stream heavies in placer deposits.  Gold is another mineral found in the same environment that doesn’t depend on its hardness to survive in such an environment instead quite the opposite is true.  The ability of gold to survive is its softness and malleability allowing it to survive in placer deposits.
Most of the indicator minerals for gold are . . .

 

Quartz
Magnetite (Magnetic)
Hematite
Garnet
Beryl
Corundum
Feldspar (Sometimes)
Kyanite
Sillimanite
Topaz
Tourmaline
Mica (Small flakes)
Diamonds
Monazite
Zircon

 

There are others in the list, but these are the most likely to be encountered.
Lode gold is found in solid rock that is often discovered by tracing placer gold back to its source often using the indicator minerals found associated with gold in the gold train, a scattering of gold found away from its source rock.  The further away gold is from its source the smaller the particles become and the more widespread the individual particles of gold become.
Fig. 2 Gold in quartz
Most gold is found in quartz veins where it has been deposited from hydrothermal waters into the older quartz veins.  Much gold has been found in iron pyrite as a contaminant, and ever rarer it is sometimes discovered a “telluride” where it is combined with the element tellurium.
Many of the same minerals as found in sand can also be found in occurances of lode gold, but there are several other minerals that are just too soft to survive the rigors of weathering, they include . . .

 

Apatite
Calcite
Biotite Mica
Galena
Sphalarite
Chlorite
Feldspar
Staurolite
Arsenopyrite
Amphobolite
Garnet
Iron Pyrite
Pentlandite
Argentite
Granular Magnetite

 

 
 Silver is a common co mineral with gold and most gold mines would also produce silver. In primary ore (that is ore in the original rock and not reworked by erosion) gold commonly accompanies copper and some other minerals. For example the Escondida copper mine in Chile is also one of the world’s largest producers of gold. At the Olympic Dam mine in Australia, copper, gold and uranium are present in the ore and each makes a comparable contribution to value.

Because gold is inert to chemical action by rainwater and air, or nearly so, grains of gold persist and concentrate in the soil as other minerals are weathered away. When the products of weathering are removed by flowing fill up and redeposited as sediments, gold can become concentrated in placer deposits. These placer deposits will often contain other minerals. For example the gold reefs in South Africa, which are ancient placers, often contain uranium as well as silver. The mineral sands on the beaches of Eastern Australia contain tiny amounts of gold and platinum along with titanium and zirconium minerals. Most river gold deposits would contain magnetite, rutile and other resistant heavy minerals. Diamond placer deposits often also contain tiny amounts of gold, but gold is not a significant component of kimberlite, the diamond fund rock. Tiny Size rubies are found in the gold sands of Cudgegong River and its tributaries near Mudgee in NSW in Australia.
DUBAI/ISLAMABAD: When on Nov 3 last year the first Reko Diq story was published in The News, we had absolutely no idea that in less than a year the largest gold mining company in the world will be running out of Pakistan, rushing to an international court of arbitration in New York, London or Washington DC.
This is exactly what is about to happen as Tethyan Copper Company (TCC), a Pakistani name for Canadian giant Barrick Gold, which claims to have the world’s largest un-hedged gold production, the biggest gold reserves, billions of dollars in market capitalisation, over 20,000 employees and operates 26 gold mines, has almost given up its court battle inside Pakistan.
When we broke the Reko Diq story, it caught the attention of everyone and the Supreme Court moved in. All hell then broke loose, as the case became a landmark test for the global mining industry, which is still waiting for the final verdict. But many things have changed during the trial as many facts were concealed from the apex court.
Top-notch lawyers earned millions upon millions while pitched against pro-bono petitioners. Yet when events unfolded, the SC judges and the world became aware of the intensity and magnitude of the issue, which revolved around the loot sale of gold and copper mines worth $260 billion at throwaway rates.
After months, the company was last month confronted with reality as finally the Quetta government decided to reveal the truth, only some of it, forced by a deadline given by the Supreme Court of Pakistan to decide whether TCC was to get the mining licence or not, by Sept 22, 2011.
The Government of Balochistan issued a gazette notification on Sept 21 raising all kinds of legal objections, 10 in total, dating back to 1993 when the original Australian mining company had been issued the land leases and three exploration licences EL-5, EL-6 and EL-8 which were issued in 2002.
The objections confirm that government leaders and officials knew everything but were living with all kinds of illegalities, not just ignoring violations but condoning corporate atrocities. Politicians and top officials, including ministers and even a chief minister, have been visiting Chile, Australia and Canada on gold mining junkets, literally. Things were done as if there were no laws and there was no need for such laws. The company, however, denied facilitating top officials.
Now the time has come to get some serious confessions and correct some wrongs, thanks to the Supreme Court of Pakistan. This is all the more important because the TCC has decided to go the legal route of arbitration and Pakistan too has to prepare its case properly.
Why TCC has now adopted the legal route to prepare the ground for international arbitration is also becoming clear. The company’s chief Tim Livesey, the fifth CEO in five years (a record of some sorts), conceded the following in a Reuters interview recently: “The points (10 objections) varied from raising concerns over the validity of our company registration to raising concerns over the quality of the exploration and feasibility study,” Livesey said. “It was immediately clear to us that we could not understand their position on some of these issues,” he said, adding that some of the objections were in contravention of existing agreements. 
“It is my feeling that there is a degree of confusion. I am very hopeful we will meet … and I hope we can resolve (the dispute),” Livesey said as his company sought 60 days for responding to the objections raised by GoB but was refused.
Then Livesey filed a “Notice of Dispute” which gives the two sides four months to talk and resolve their differences or he threatened he will then go into international arbitration.
It is, however, easier said than done.
Experts say international courts cannot force Pakistan to award the licence to a claimant but TCC could only seek compensation for the cash already invested and loss of future earnings. How that would be calculated is a long and never-ending process in which TCC will have to prove that its estimates of the total gold and copper were not exaggerated nor grossly understated, the expenses were real and not cooked up and profits would have come in the amounts claimed.
“This will put TCC in a self-defeating situation as initially it under-estimated and under-reported the reserves saying the project would yield only $50 billion over its life, minus the expenses, whereas independent figures of the size range from $150 billion to $260 billion,” said a mining analyst. Mindfund.com, a credible international magazine, placed Reko Diq as the third largest gold and copper project in the world, behind Pebble (Alaska, US) and Oyu Tolgoi (Mongolia), with an estimated output of at least $150 billion (see chart).
The GoB in its Sept 21 gazette notification for the first time conceded that TCC had violated many laws. GoB ultimately raised the same objections which had been highlighted in detail in the first report in The News on Nov 3, 2010.
Most important of these was that TCC had drilled over 300,000 meters in not just EL-5, which was the main area it was granted, but in many adjoining areas but had not disclosed anything about the results to either the Balochistan government or the Supreme Court of Pakistan.
“They clandestinely drilled for miles and never shared the results of this extra drilling, neither they mentioned it in the Feasibility Study submitted to GoB,” said an official. This was confirmed by the Balochistan government notification.
This ultimate truth has also put the Balochistan government in a legal bind which it will find hard to explain to the Supreme Court. A pro-bono petitioner, advocate Tariq Asad told The News that it was “criminal negligence” and “breach of trust” on the part of the GoB that it intentionally hid such an important information from the Supreme Court despite the fact that it knew each and everything as reflected in the Sept 21 notification.
Tariq said: “Now when the Balochistan government has come on record and in this notification unearthed many revealing facts about TCC and its past record, it will be quite easy for the apex court to reach a decision.”
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
This is exactly what is about to happen as Tethyan Copper Company (TCC), a Pakistani name for Canadian giant Barrick Gold, which claims to have the world’s largest un-hedged gold production, the biggest gold reserves, billions of dollars in market capitalisation, over 20,000 employees and operates 26 gold mines, has almost given up its court battle inside Pakistan.
When we broke the Reko Diq story, it caught the attention of everyone and the Supreme Court moved in. All hell then broke loose, as the case became a landmark test for the global mining industry, which is still waiting for the final verdict. But many things have changed during the trial as many facts were concealed from the apex court.
Top-notch lawyers earned millions upon millions while pitched against pro-bono petitioners. Yet when events unfolded, the SC judges and the world became aware of the intensity and magnitude of the issue, which revolved around the loot sale of gold and copper mines worth $260 billion at throwaway rates.
After months, the company was last month confronted with reality as finally the Quetta government decided to reveal the truth, only some of it, forced by a deadline given by the Supreme Court of Pakistan to decide whether TCC was to get the mining licence or not, by Sept 22, 2011.
The Government of Balochistan issued a gazette notification on Sept 21 raising all kinds of legal objections, 10 in total, dating back to 1993 when the original Australian mining company had been issued the land leases and three exploration licences EL-5, EL-6 and EL-8 which were issued in 2002.
The objections confirm that government leaders and officials knew everything but were living with all kinds of illegalities, not just ignoring violations but condoning corporate atrocities. Politicians and top officials, including ministers and even a chief minister, have been visiting Chile, Australia and Canada on gold mining junkets, literally. Things were done as if there were no laws and there was no need for such laws. The company, however, denied facilitating top officials.
Now the time has come to get some serious confessions and correct some wrongs, thanks to the Supreme Court of Pakistan. This is all the more important because the TCC has decided to go the legal route of arbitration and Pakistan too has to prepare its case properly.
Why TCC has now adopted the legal route to prepare the ground for international arbitration is also becoming clear. The company’s chief Tim Livesey, the fifth CEO in five years (a record of some sorts), conceded the following in a Reuters interview recently: “The points (10 objections) varied from raising concerns over the validity of our company registration to raising concerns over the quality of the exploration and feasibility study,” Livesey said. “It was immediately clear to us that we could not understand their position on some of these issues,” he said, adding that some of the objections were in contravention of existing agreements. 
“It is my feeling that there is a degree of confusion. I am very hopeful we will meet … and I hope we can resolve (the dispute),” Livesey said as his company sought 60 days for responding to the objections raised by GoB but was refused.
Then Livesey filed a “Notice of Dispute” which gives the two sides four months to talk and resolve their differences or he threatened he will then go into international arbitration.
It is, however, easier said than done.
Experts say international courts cannot force Pakistan to award the licence to a claimant but TCC could only seek compensation for the cash already invested and loss of future earnings. How that would be calculated is a long and never-ending process in which TCC will have to prove that its estimates of the total gold and copper were not exaggerated nor grossly understated, the expenses were real and not cooked up and profits would have come in the amounts claimed.
“This will put TCC in a self-defeating situation as initially it under-estimated and under-reported the reserves saying the project would yield only $50 billion over its life, minus the expenses, whereas independent figures of the size range from $150 billion to $260 billion,” said a mining analyst. Mindfund.com, a credible international magazine, placed Reko Diq as the third largest gold and copper project in the world, behind Pebble (Alaska, US) and Oyu Tolgoi (Mongolia), with an estimated output of at least $150 billion (see chart).
The GoB in its Sept 21 gazette notification for the first time conceded that TCC had violated many laws. GoB ultimately raised the same objections which had been highlighted in detail in the first report in The News on Nov 3, 2010.
Most important of these was that TCC had drilled over 300,000 meters in not just EL-5, which was the main area it was granted, but in many adjoining areas but had not disclosed anything about the results to either the Balochistan government or the Supreme Court of Pakistan.
“They clandestinely drilled for miles and never shared the results of this extra drilling, neither they mentioned it in the Feasibility Study submitted to GoB,” said an official. This was confirmed by the Balochistan government notification.
This ultimate truth has also put the Balochistan government in a legal bind which it will find hard to explain to the Supreme Court. A pro-bono petitioner, advocate Tariq Asad told The News that it was “criminal negligence” and “breach of trust” on the part of the GoB that it intentionally hid such an important information from the Supreme Court despite the fact that it knew each and everything as reflected in the Sept 21 notification.
Tariq said: “Now when the Balochistan government has come on record and in this notification unearthed many revealing facts about TCC and its past record, it will be quite easy for the apex court to reach a decision.”
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
When we broke the Reko Diq story, it caught the attention of everyone and the Supreme Court moved in. All hell then broke loose, as the case became a landmark test for the global mining industry, which is still waiting for the final verdict. But many things have changed during the trial as many facts were concealed from the apex court.
Top-notch lawyers earned millions upon millions while pitched against pro-bono petitioners. Yet when events unfolded, the SC judges and the world became aware of the intensity and magnitude of the issue, which revolved around the loot sale of gold and copper mines worth $260 billion at throwaway rates.
After months, the company was last month confronted with reality as finally the Quetta government decided to reveal the truth, only some of it, forced by a deadline given by the Supreme Court of Pakistan to decide whether TCC was to get the mining licence or not, by Sept 22, 2011.
The Government of Balochistan issued a gazette notification on Sept 21 raising all kinds of legal objections, 10 in total, dating back to 1993 when the original Australian mining company had been issued the land leases and three exploration licences EL-5, EL-6 and EL-8 which were issued in 2002.
The objections confirm that government leaders and officials knew everything but were living with all kinds of illegalities, not just ignoring violations but condoning corporate atrocities. Politicians and top officials, including ministers and even a chief minister, have been visiting Chile, Australia and Canada on gold mining junkets, literally. Things were done as if there were no laws and there was no need for such laws. The company, however, denied facilitating top officials.
Now the time has come to get some serious confessions and correct some wrongs, thanks to the Supreme Court of Pakistan. This is all the more important because the TCC has decided to go the legal route of arbitration and Pakistan too has to prepare its case properly.
Why TCC has now adopted the legal route to prepare the ground for international arbitration is also becoming clear. The company’s chief Tim Livesey, the fifth CEO in five years (a record of some sorts), conceded the following in a Reuters interview recently: “The points (10 objections) varied from raising concerns over the validity of our company registration to raising concerns over the quality of the exploration and feasibility study,” Livesey said. “It was immediately clear to us that we could not understand their position on some of these issues,” he said, adding that some of the objections were in contravention of existing agreements. 
“It is my feeling that there is a degree of confusion. I am very hopeful we will meet … and I hope we can resolve (the dispute),” Livesey said as his company sought 60 days for responding to the objections raised by GoB but was refused.
Then Livesey filed a “Notice of Dispute” which gives the two sides four months to talk and resolve their differences or he threatened he will then go into international arbitration.
It is, however, easier said than done.
Experts say international courts cannot force Pakistan to award the licence to a claimant but TCC could only seek compensation for the cash already invested and loss of future earnings. How that would be calculated is a long and never-ending process in which TCC will have to prove that its estimates of the total gold and copper were not exaggerated nor grossly understated, the expenses were real and not cooked up and profits would have come in the amounts claimed.
“This will put TCC in a self-defeating situation as initially it under-estimated and under-reported the reserves saying the project would yield only $50 billion over its life, minus the expenses, whereas independent figures of the size range from $150 billion to $260 billion,” said a mining analyst. Mindfund.com, a credible international magazine, placed Reko Diq as the third largest gold and copper project in the world, behind Pebble (Alaska, US) and Oyu Tolgoi (Mongolia), with an estimated output of at least $150 billion (see chart).
The GoB in its Sept 21 gazette notification for the first time conceded that TCC had violated many laws. GoB ultimately raised the same objections which had been highlighted in detail in the first report in The News on Nov 3, 2010.
Most important of these was that TCC had drilled over 300,000 meters in not just EL-5, which was the main area it was granted, but in many adjoining areas but had not disclosed anything about the results to either the Balochistan government or the Supreme Court of Pakistan.
“They clandestinely drilled for miles and never shared the results of this extra drilling, neither they mentioned it in the Feasibility Study submitted to GoB,” said an official. This was confirmed by the Balochistan government notification.
This ultimate truth has also put the Balochistan government in a legal bind which it will find hard to explain to the Supreme Court. A pro-bono petitioner, advocate Tariq Asad told The News that it was “criminal negligence” and “breach of trust” on the part of the GoB that it intentionally hid such an important information from the Supreme Court despite the fact that it knew each and everything as reflected in the Sept 21 notification.
Tariq said: “Now when the Balochistan government has come on record and in this notification unearthed many revealing facts about TCC and its past record, it will be quite easy for the apex court to reach a decision.”
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
Top-notch lawyers earned millions upon millions while pitched against pro-bono petitioners. Yet when events unfolded, the SC judges and the world became aware of the intensity and magnitude of the issue, which revolved around the loot sale of gold and copper mines worth $260 billion at throwaway rates.
After months, the company was last month confronted with reality as finally the Quetta government decided to reveal the truth, only some of it, forced by a deadline given by the Supreme Court of Pakistan to decide whether TCC was to get the mining licence or not, by Sept 22, 2011.
The Government of Balochistan issued a gazette notification on Sept 21 raising all kinds of legal objections, 10 in total, dating back to 1993 when the original Australian mining company had been issued the land leases and three exploration licences EL-5, EL-6 and EL-8 which were issued in 2002.
The objections confirm that government leaders and officials knew everything but were living with all kinds of illegalities, not just ignoring violations but condoning corporate atrocities. Politicians and top officials, including ministers and even a chief minister, have been visiting Chile, Australia and Canada on gold mining junkets, literally. Things were done as if there were no laws and there was no need for such laws. The company, however, denied facilitating top officials.
Now the time has come to get some serious confessions and correct some wrongs, thanks to the Supreme Court of Pakistan. This is all the more important because the TCC has decided to go the legal route of arbitration and Pakistan too has to prepare its case properly.
Why TCC has now adopted the legal route to prepare the ground for international arbitration is also becoming clear. The company’s chief Tim Livesey, the fifth CEO in five years (a record of some sorts), conceded the following in a Reuters interview recently: “The points (10 objections) varied from raising concerns over the validity of our company registration to raising concerns over the quality of the exploration and feasibility study,” Livesey said. “It was immediately clear to us that we could not understand their position on some of these issues,” he said, adding that some of the objections were in contravention of existing agreements. 
“It is my feeling that there is a degree of confusion. I am very hopeful we will meet … and I hope we can resolve (the dispute),” Livesey said as his company sought 60 days for responding to the objections raised by GoB but was refused.
Then Livesey filed a “Notice of Dispute” which gives the two sides four months to talk and resolve their differences or he threatened he will then go into international arbitration.
It is, however, easier said than done.
Experts say international courts cannot force Pakistan to award the licence to a claimant but TCC could only seek compensation for the cash already invested and loss of future earnings. How that would be calculated is a long and never-ending process in which TCC will have to prove that its estimates of the total gold and copper were not exaggerated nor grossly understated, the expenses were real and not cooked up and profits would have come in the amounts claimed.
“This will put TCC in a self-defeating situation as initially it under-estimated and under-reported the reserves saying the project would yield only $50 billion over its life, minus the expenses, whereas independent figures of the size range from $150 billion to $260 billion,” said a mining analyst. Mindfund.com, a credible international magazine, placed Reko Diq as the third largest gold and copper project in the world, behind Pebble (Alaska, US) and Oyu Tolgoi (Mongolia), with an estimated output of at least $150 billion (see chart).
The GoB in its Sept 21 gazette notification for the first time conceded that TCC had violated many laws. GoB ultimately raised the same objections which had been highlighted in detail in the first report in The News on Nov 3, 2010.
Most important of these was that TCC had drilled over 300,000 meters in not just EL-5, which was the main area it was granted, but in many adjoining areas but had not disclosed anything about the results to either the Balochistan government or the Supreme Court of Pakistan.
“They clandestinely drilled for miles and never shared the results of this extra drilling, neither they mentioned it in the Feasibility Study submitted to GoB,” said an official. This was confirmed by the Balochistan government notification.
This ultimate truth has also put the Balochistan government in a legal bind which it will find hard to explain to the Supreme Court. A pro-bono petitioner, advocate Tariq Asad told The News that it was “criminal negligence” and “breach of trust” on the part of the GoB that it intentionally hid such an important information from the Supreme Court despite the fact that it knew each and everything as reflected in the Sept 21 notification.
Tariq said: “Now when the Balochistan government has come on record and in this notification unearthed many revealing facts about TCC and its past record, it will be quite easy for the apex court to reach a decision.”
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
After months, the company was last month confronted with reality as finally the Quetta government decided to reveal the truth, only some of it, forced by a deadline given by the Supreme Court of Pakistan to decide whether TCC was to get the mining licence or not, by Sept 22, 2011.
The Government of Balochistan issued a gazette notification on Sept 21 raising all kinds of legal objections, 10 in total, dating back to 1993 when the original Australian mining company had been issued the land leases and three exploration licences EL-5, EL-6 and EL-8 which were issued in 2002.
The objections confirm that government leaders and officials knew everything but were living with all kinds of illegalities, not just ignoring violations but condoning corporate atrocities. Politicians and top officials, including ministers and even a chief minister, have been visiting Chile, Australia and Canada on gold mining junkets, literally. Things were done as if there were no laws and there was no need for such laws. The company, however, denied facilitating top officials.
Now the time has come to get some serious confessions and correct some wrongs, thanks to the Supreme Court of Pakistan. This is all the more important because the TCC has decided to go the legal route of arbitration and Pakistan too has to prepare its case properly.
Why TCC has now adopted the legal route to prepare the ground for international arbitration is also becoming clear. The company’s chief Tim Livesey, the fifth CEO in five years (a record of some sorts), conceded the following in a Reuters interview recently: “The points (10 objections) varied from raising concerns over the validity of our company registration to raising concerns over the quality of the exploration and feasibility study,” Livesey said. “It was immediately clear to us that we could not understand their position on some of these issues,” he said, adding that some of the objections were in contravention of existing agreements. 
“It is my feeling that there is a degree of confusion. I am very hopeful we will meet … and I hope we can resolve (the dispute),” Livesey said as his company sought 60 days for responding to the objections raised by GoB but was refused.
Then Livesey filed a “Notice of Dispute” which gives the two sides four months to talk and resolve their differences or he threatened he will then go into international arbitration.
It is, however, easier said than done.
Experts say international courts cannot force Pakistan to award the licence to a claimant but TCC could only seek compensation for the cash already invested and loss of future earnings. How that would be calculated is a long and never-ending process in which TCC will have to prove that its estimates of the total gold and copper were not exaggerated nor grossly understated, the expenses were real and not cooked up and profits would have come in the amounts claimed.
“This will put TCC in a self-defeating situation as initially it under-estimated and under-reported the reserves saying the project would yield only $50 billion over its life, minus the expenses, whereas independent figures of the size range from $150 billion to $260 billion,” said a mining analyst. Mindfund.com, a credible international magazine, placed Reko Diq as the third largest gold and copper project in the world, behind Pebble (Alaska, US) and Oyu Tolgoi (Mongolia), with an estimated output of at least $150 billion (see chart).
The GoB in its Sept 21 gazette notification for the first time conceded that TCC had violated many laws. GoB ultimately raised the same objections which had been highlighted in detail in the first report in The News on Nov 3, 2010.
Most important of these was that TCC had drilled over 300,000 meters in not just EL-5, which was the main area it was granted, but in many adjoining areas but had not disclosed anything about the results to either the Balochistan government or the Supreme Court of Pakistan.
“They clandestinely drilled for miles and never shared the results of this extra drilling, neither they mentioned it in the Feasibility Study submitted to GoB,” said an official. This was confirmed by the Balochistan government notification.
This ultimate truth has also put the Balochistan government in a legal bind which it will find hard to explain to the Supreme Court. A pro-bono petitioner, advocate Tariq Asad told The News that it was “criminal negligence” and “breach of trust” on the part of the GoB that it intentionally hid such an important information from the Supreme Court despite the fact that it knew each and everything as reflected in the Sept 21 notification.
Tariq said: “Now when the Balochistan government has come on record and in this notification unearthed many revealing facts about TCC and its past record, it will be quite easy for the apex court to reach a decision.”
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
The Government of Balochistan issued a gazette notification on Sept 21 raising all kinds of legal objections, 10 in total, dating back to 1993 when the original Australian mining company had been issued the land leases and three exploration licences EL-5, EL-6 and EL-8 which were issued in 2002.
The objections confirm that government leaders and officials knew everything but were living with all kinds of illegalities, not just ignoring violations but condoning corporate atrocities. Politicians and top officials, including ministers and even a chief minister, have been visiting Chile, Australia and Canada on gold mining junkets, literally. Things were done as if there were no laws and there was no need for such laws. The company, however, denied facilitating top officials.
Now the time has come to get some serious confessions and correct some wrongs, thanks to the Supreme Court of Pakistan. This is all the more important because the TCC has decided to go the legal route of arbitration and Pakistan too has to prepare its case properly.
Why TCC has now adopted the legal route to prepare the ground for international arbitration is also becoming clear. The company’s chief Tim Livesey, the fifth CEO in five years (a record of some sorts), conceded the following in a Reuters interview recently: “The points (10 objections) varied from raising concerns over the validity of our company registration to raising concerns over the quality of the exploration and feasibility study,” Livesey said. “It was immediately clear to us that we could not understand their position on some of these issues,” he said, adding that some of the objections were in contravention of existing agreements. 
“It is my feeling that there is a degree of confusion. I am very hopeful we will meet … and I hope we can resolve (the dispute),” Livesey said as his company sought 60 days for responding to the objections raised by GoB but was refused.
Then Livesey filed a “Notice of Dispute” which gives the two sides four months to talk and resolve their differences or he threatened he will then go into international arbitration.
It is, however, easier said than done.
Experts say international courts cannot force Pakistan to award the licence to a claimant but TCC could only seek compensation for the cash already invested and loss of future earnings. How that would be calculated is a long and never-ending process in which TCC will have to prove that its estimates of the total gold and copper were not exaggerated nor grossly understated, the expenses were real and not cooked up and profits would have come in the amounts claimed.
“This will put TCC in a self-defeating situation as initially it under-estimated and under-reported the reserves saying the project would yield only $50 billion over its life, minus the expenses, whereas independent figures of the size range from $150 billion to $260 billion,” said a mining analyst. Mindfund.com, a credible international magazine, placed Reko Diq as the third largest gold and copper project in the world, behind Pebble (Alaska, US) and Oyu Tolgoi (Mongolia), with an estimated output of at least $150 billion (see chart).
The GoB in its Sept 21 gazette notification for the first time conceded that TCC had violated many laws. GoB ultimately raised the same objections which had been highlighted in detail in the first report in The News on Nov 3, 2010.
Most important of these was that TCC had drilled over 300,000 meters in not just EL-5, which was the main area it was granted, but in many adjoining areas but had not disclosed anything about the results to either the Balochistan government or the Supreme Court of Pakistan.
“They clandestinely drilled for miles and never shared the results of this extra drilling, neither they mentioned it in the Feasibility Study submitted to GoB,” said an official. This was confirmed by the Balochistan government notification.
This ultimate truth has also put the Balochistan government in a legal bind which it will find hard to explain to the Supreme Court. A pro-bono petitioner, advocate Tariq Asad told The News that it was “criminal negligence” and “breach of trust” on the part of the GoB that it intentionally hid such an important information from the Supreme Court despite the fact that it knew each and everything as reflected in the Sept 21 notification.
Tariq said: “Now when the Balochistan government has come on record and in this notification unearthed many revealing facts about TCC and its past record, it will be quite easy for the apex court to reach a decision.”
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
The objections confirm that government leaders and officials knew everything but were living with all kinds of illegalities, not just ignoring violations but condoning corporate atrocities. Politicians and top officials, including ministers and even a chief minister, have been visiting Chile, Australia and Canada on gold mining junkets, literally. Things were done as if there were no laws and there was no need for such laws. The company, however, denied facilitating top officials.
Now the time has come to get some serious confessions and correct some wrongs, thanks to the Supreme Court of Pakistan. This is all the more important because the TCC has decided to go the legal route of arbitration and Pakistan too has to prepare its case properly.
Why TCC has now adopted the legal route to prepare the ground for international arbitration is also becoming clear. The company’s chief Tim Livesey, the fifth CEO in five years (a record of some sorts), conceded the following in a Reuters interview recently: “The points (10 objections) varied from raising concerns over the validity of our company registration to raising concerns over the quality of the exploration and feasibility study,” Livesey said. “It was immediately clear to us that we could not understand their position on some of these issues,” he said, adding that some of the objections were in contravention of existing agreements. 
“It is my feeling that there is a degree of confusion. I am very hopeful we will meet … and I hope we can resolve (the dispute),” Livesey said as his company sought 60 days for responding to the objections raised by GoB but was refused.
Then Livesey filed a “Notice of Dispute” which gives the two sides four months to talk and resolve their differences or he threatened he will then go into international arbitration.
It is, however, easier said than done.
Experts say international courts cannot force Pakistan to award the licence to a claimant but TCC could only seek compensation for the cash already invested and loss of future earnings. How that would be calculated is a long and never-ending process in which TCC will have to prove that its estimates of the total gold and copper were not exaggerated nor grossly understated, the expenses were real and not cooked up and profits would have come in the amounts claimed.
“This will put TCC in a self-defeating situation as initially it under-estimated and under-reported the reserves saying the project would yield only $50 billion over its life, minus the expenses, whereas independent figures of the size range from $150 billion to $260 billion,” said a mining analyst. Mindfund.com, a credible international magazine, placed Reko Diq as the third largest gold and copper project in the world, behind Pebble (Alaska, US) and Oyu Tolgoi (Mongolia), with an estimated output of at least $150 billion (see chart).
The GoB in its Sept 21 gazette notification for the first time conceded that TCC had violated many laws. GoB ultimately raised the same objections which had been highlighted in detail in the first report in The News on Nov 3, 2010.
Most important of these was that TCC had drilled over 300,000 meters in not just EL-5, which was the main area it was granted, but in many adjoining areas but had not disclosed anything about the results to either the Balochistan government or the Supreme Court of Pakistan.
“They clandestinely drilled for miles and never shared the results of this extra drilling, neither they mentioned it in the Feasibility Study submitted to GoB,” said an official. This was confirmed by the Balochistan government notification.
This ultimate truth has also put the Balochistan government in a legal bind which it will find hard to explain to the Supreme Court. A pro-bono petitioner, advocate Tariq Asad told The News that it was “criminal negligence” and “breach of trust” on the part of the GoB that it intentionally hid such an important information from the Supreme Court despite the fact that it knew each and everything as reflected in the Sept 21 notification.
Tariq said: “Now when the Balochistan government has come on record and in this notification unearthed many revealing facts about TCC and its past record, it will be quite easy for the apex court to reach a decision.”
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
Now the time has come to get some serious confessions and correct some wrongs, thanks to the Supreme Court of Pakistan. This is all the more important because the TCC has decided to go the legal route of arbitration and Pakistan too has to prepare its case properly.
Why TCC has now adopted the legal route to prepare the ground for international arbitration is also becoming clear. The company’s chief Tim Livesey, the fifth CEO in five years (a record of some sorts), conceded the following in a Reuters interview recently: “The points (10 objections) varied from raising concerns over the validity of our company registration to raising concerns over the quality of the exploration and feasibility study,” Livesey said. “It was immediately clear to us that we could not understand their position on some of these issues,” he said, adding that some of the objections were in contravention of existing agreements. 

 

“It is my feeling that there is a degree of confusion. I am very hopeful we will meet … and I hope we can resolve (the dispute),” Livesey said as his company sought 60 days for responding to the objections raised by GoB but was refused.
Then Livesey filed a “Notice of Dispute” which gives the two sides four months to talk and resolve their differences or he threatened he will then go into international arbitration.
It is, however, easier said than done.
Experts say international courts cannot force Pakistan to award the licence to a claimant but TCC could only seek compensation for the cash already invested and loss of future earnings. How that would be calculated is a long and never-ending process in which TCC will have to prove that its estimates of the total gold and copper were not exaggerated nor grossly understated, the expenses were real and not cooked up and profits would have come in the amounts claimed.
“This will put TCC in a self-defeating situation as initially it under-estimated and under-reported the reserves saying the project would yield only $50 billion over its life, minus the expenses, whereas independent figures of the size range from $150 billion to $260 billion,” said a mining analyst. Mindfund.com, a credible international magazine, placed Reko Diq as the third largest gold and copper project in the world, behind Pebble (Alaska, US) and Oyu Tolgoi (Mongolia), with an estimated output of at least $150 billion (see chart).
The GoB in its Sept 21 gazette notification for the first time conceded that TCC had violated many laws. GoB ultimately raised the same objections which had been highlighted in detail in the first report in The News on Nov 3, 2010.
Most important of these was that TCC had drilled over 300,000 meters in not just EL-5, which was the main area it was granted, but in many adjoining areas but had not disclosed anything about the results to either the Balochistan government or the Supreme Court of Pakistan.
“They clandestinely drilled for miles and never shared the results of this extra drilling, neither they mentioned it in the Feasibility Study submitted to GoB,” said an official. This was confirmed by the Balochistan government notification.
This ultimate truth has also put the Balochistan government in a legal bind which it will find hard to explain to the Supreme Court. A pro-bono petitioner, advocate Tariq Asad told The News that it was “criminal negligence” and “breach of trust” on the part of the GoB that it intentionally hid such an important information from the Supreme Court despite the fact that it knew each and everything as reflected in the Sept 21 notification.
Tariq said: “Now when the Balochistan government has come on record and in this notification unearthed many revealing facts about TCC and its past record, it will be quite easy for the apex court to reach a decision.”
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
Why TCC has now adopted the legal route to prepare the ground for international arbitration is also becoming clear. The company’s chief Tim Livesey, the fifth CEO in five years (a record of some sorts), conceded the following in a Reuters interview recently: “The points (10 objections) varied from raising concerns over the validity of our company registration to raising concerns over the quality of the exploration and feasibility study,” Livesey said. “It was immediately clear to us that we could not understand their position on some of these issues,” he said, adding that some of the objections were in contravention of existing agreements. 
“It is my feeling that there is a degree of confusion. I am very hopeful we will meet … and I hope we can resolve (the dispute),” Livesey said as his company sought 60 days for responding to the objections raised by GoB but was refused.
Then Livesey filed a “Notice of Dispute” which gives the two sides four months to talk and resolve their differences or he threatened he will then go into international arbitration.
It is, however, easier said than done.
Experts say international courts cannot force Pakistan to award the licence to a claimant but TCC could only seek compensation for the cash already invested and loss of future earnings. How that would be calculated is a long and never-ending process in which TCC will have to prove that its estimates of the total gold and copper were not exaggerated nor grossly understated, the expenses were real and not cooked up and profits would have come in the amounts claimed.
“This will put TCC in a self-defeating situation as initially it under-estimated and under-reported the reserves saying the project would yield only $50 billion over its life, minus the expenses, whereas independent figures of the size range from $150 billion to $260 billion,” said a mining analyst. Mindfund.com, a credible international magazine, placed Reko Diq as the third largest gold and copper project in the world, behind Pebble (Alaska, US) and Oyu Tolgoi (Mongolia), with an estimated output of at least $150 billion (see chart).
The GoB in its Sept 21 gazette notification for the first time conceded that TCC had violated many laws. GoB ultimately raised the same objections which had been highlighted in detail in the first report in The News on Nov 3, 2010.
Most important of these was that TCC had drilled over 300,000 meters in not just EL-5, which was the main area it was granted, but in many adjoining areas but had not disclosed anything about the results to either the Balochistan government or the Supreme Court of Pakistan.
“They clandestinely drilled for miles and never shared the results of this extra drilling, neither they mentioned it in the Feasibility Study submitted to GoB,” said an official. This was confirmed by the Balochistan government notification.
This ultimate truth has also put the Balochistan government in a legal bind which it will find hard to explain to the Supreme Court. A pro-bono petitioner, advocate Tariq Asad told The News that it was “criminal negligence” and “breach of trust” on the part of the GoB that it intentionally hid such an important information from the Supreme Court despite the fact that it knew each and everything as reflected in the Sept 21 notification.
Tariq said: “Now when the Balochistan government has come on record and in this notification unearthed many revealing facts about TCC and its past record, it will be quite easy for the apex court to reach a decision.”
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
“It is my feeling that there is a degree of confusion. I am very hopeful we will meet … and I hope we can resolve (the dispute),” Livesey said as his company sought 60 days for responding to the objections raised by GoB but was refused.
Then Livesey filed a “Notice of Dispute” which gives the two sides four months to talk and resolve their differences or he threatened he will then go into international arbitration.
It is, however, easier said than done.
Experts say international courts cannot force Pakistan to award the licence to a claimant but TCC could only seek compensation for the cash already invested and loss of future earnings. How that would be calculated is a long and never-ending process in which TCC will have to prove that its estimates of the total gold and copper were not exaggerated nor grossly understated, the expenses were real and not cooked up and profits would have come in the amounts claimed.
“This will put TCC in a self-defeating situation as initially it under-estimated and under-reported the reserves saying the project would yield only $50 billion over its life, minus the expenses, whereas independent figures of the size range from $150 billion to $260 billion,” said a mining analyst. Mindfund.com, a credible international magazine, placed Reko Diq as the third largest gold and copper project in the world, behind Pebble (Alaska, US) and Oyu Tolgoi (Mongolia), with an estimated output of at least $150 billion (see chart).
The GoB in its Sept 21 gazette notification for the first time conceded that TCC had violated many laws. GoB ultimately raised the same objections which had been highlighted in detail in the first report in The News on Nov 3, 2010.
Most important of these was that TCC had drilled over 300,000 meters in not just EL-5, which was the main area it was granted, but in many adjoining areas but had not disclosed anything about the results to either the Balochistan government or the Supreme Court of Pakistan.
“They clandestinely drilled for miles and never shared the results of this extra drilling, neither they mentioned it in the Feasibility Study submitted to GoB,” said an official. This was confirmed by the Balochistan government notification.
This ultimate truth has also put the Balochistan government in a legal bind which it will find hard to explain to the Supreme Court. A pro-bono petitioner, advocate Tariq Asad told The News that it was “criminal negligence” and “breach of trust” on the part of the GoB that it intentionally hid such an important information from the Supreme Court despite the fact that it knew each and everything as reflected in the Sept 21 notification.
Tariq said: “Now when the Balochistan government has come on record and in this notification unearthed many revealing facts about TCC and its past record, it will be quite easy for the apex court to reach a decision.”
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
Then Livesey filed a “Notice of Dispute” which gives the two sides four months to talk and resolve their differences or he threatened he will then go into international arbitration.
It is, however, easier said than done.
Experts say international courts cannot force Pakistan to award the licence to a claimant but TCC could only seek compensation for the cash already invested and loss of future earnings. How that would be calculated is a long and never-ending process in which TCC will have to prove that its estimates of the total gold and copper were not exaggerated nor grossly understated, the expenses were real and not cooked up and profits would have come in the amounts claimed.
“This will put TCC in a self-defeating situation as initially it under-estimated and under-reported the reserves saying the project would yield only $50 billion over its life, minus the expenses, whereas independent figures of the size range from $150 billion to $260 billion,” said a mining analyst. Mindfund.com, a credible international magazine, placed Reko Diq as the third largest gold and copper project in the world, behind Pebble (Alaska, US) and Oyu Tolgoi (Mongolia), with an estimated output of at least $150 billion (see chart).
The GoB in its Sept 21 gazette notification for the first time conceded that TCC had violated many laws. GoB ultimately raised the same objections which had been highlighted in detail in the first report in The News on Nov 3, 2010.
Most important of these was that TCC had drilled over 300,000 meters in not just EL-5, which was the main area it was granted, but in many adjoining areas but had not disclosed anything about the results to either the Balochistan government or the Supreme Court of Pakistan.
“They clandestinely drilled for miles and never shared the results of this extra drilling, neither they mentioned it in the Feasibility Study submitted to GoB,” said an official. This was confirmed by the Balochistan government notification.
This ultimate truth has also put the Balochistan government in a legal bind which it will find hard to explain to the Supreme Court. A pro-bono petitioner, advocate Tariq Asad told The News that it was “criminal negligence” and “breach of trust” on the part of the GoB that it intentionally hid such an important information from the Supreme Court despite the fact that it knew each and everything as reflected in the Sept 21 notification.
Tariq said: “Now when the Balochistan government has come on record and in this notification unearthed many revealing facts about TCC and its past record, it will be quite easy for the apex court to reach a decision.”
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
It is, however, easier said than done.
Experts say international courts cannot force Pakistan to award the licence to a claimant but TCC could only seek compensation for the cash already invested and loss of future earnings. How that would be calculated is a long and never-ending process in which TCC will have to prove that its estimates of the total gold and copper were not exaggerated nor grossly understated, the expenses were real and not cooked up and profits would have come in the amounts claimed.
“This will put TCC in a self-defeating situation as initially it under-estimated and under-reported the reserves saying the project would yield only $50 billion over its life, minus the expenses, whereas independent figures of the size range from $150 billion to $260 billion,” said a mining analyst. Mindfund.com, a credible international magazine, placed Reko Diq as the third largest gold and copper project in the world, behind Pebble (Alaska, US) and Oyu Tolgoi (Mongolia), with an estimated output of at least $150 billion (see chart).
The GoB in its Sept 21 gazette notification for the first time conceded that TCC had violated many laws. GoB ultimately raised the same objections which had been highlighted in detail in the first report in The News on Nov 3, 2010.
Most important of these was that TCC had drilled over 300,000 meters in not just EL-5, which was the main area it was granted, but in many adjoining areas but had not disclosed anything about the results to either the Balochistan government or the Supreme Court of Pakistan.
“They clandestinely drilled for miles and never shared the results of this extra drilling, neither they mentioned it in the Feasibility Study submitted to GoB,” said an official. This was confirmed by the Balochistan government notification.
This ultimate truth has also put the Balochistan government in a legal bind which it will find hard to explain to the Supreme Court. A pro-bono petitioner, advocate Tariq Asad told The News that it was “criminal negligence” and “breach of trust” on the part of the GoB that it intentionally hid such an important information from the Supreme Court despite the fact that it knew each and everything as reflected in the Sept 21 notification.
Tariq said: “Now when the Balochistan government has come on record and in this notification unearthed many revealing facts about TCC and its past record, it will be quite easy for the apex court to reach a decision.”
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
Experts say international courts cannot force Pakistan to award the licence to a claimant but TCC could only seek compensation for the cash already invested and loss of future earnings. How that would be calculated is a long and never-ending process in which TCC will have to prove that its estimates of the total gold and copper were not exaggerated nor grossly understated, the expenses were real and not cooked up and profits would have come in the amounts claimed.
“This will put TCC in a self-defeating situation as initially it under-estimated and under-reported the reserves saying the project would yield only $50 billion over its life, minus the expenses, whereas independent figures of the size range from $150 billion to $260 billion,” said a mining analyst. Mindfund.com, a credible international magazine, placed Reko Diq as the third largest gold and copper project in the world, behind Pebble (Alaska, US) and Oyu Tolgoi (Mongolia), with an estimated output of at least $150 billion (see chart).
The GoB in its Sept 21 gazette notification for the first time conceded that TCC had violated many laws. GoB ultimately raised the same objections which had been highlighted in detail in the first report in The News on Nov 3, 2010.
Most important of these was that TCC had drilled over 300,000 meters in not just EL-5, which was the main area it was granted, but in many adjoining areas but had not disclosed anything about the results to either the Balochistan government or the Supreme Court of Pakistan.
“They clandestinely drilled for miles and never shared the results of this extra drilling, neither they mentioned it in the Feasibility Study submitted to GoB,” said an official. This was confirmed by the Balochistan government notification.
This ultimate truth has also put the Balochistan government in a legal bind which it will find hard to explain to the Supreme Court. A pro-bono petitioner, advocate Tariq Asad told The News that it was “criminal negligence” and “breach of trust” on the part of the GoB that it intentionally hid such an important information from the Supreme Court despite the fact that it knew each and everything as reflected in the Sept 21 notification.
Tariq said: “Now when the Balochistan government has come on record and in this notification unearthed many revealing facts about TCC and its past record, it will be quite easy for the apex court to reach a decision.”
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
“This will put TCC in a self-defeating situation as initially it under-estimated and under-reported the reserves saying the project would yield only $50 billion over its life, minus the expenses, whereas independent figures of the size range from $150 billion to $260 billion,” said a mining analyst. Mindfund.com, a credible international magazine, placed Reko Diq as the third largest gold and copper project in the world, behind Pebble (Alaska, US) and Oyu Tolgoi (Mongolia), with an estimated output of at least $150 billion (see chart).
The GoB in its Sept 21 gazette notification for the first time conceded that TCC had violated many laws. GoB ultimately raised the same objections which had been highlighted in detail in the first report in The News on Nov 3, 2010.
Most important of these was that TCC had drilled over 300,000 meters in not just EL-5, which was the main area it was granted, but in many adjoining areas but had not disclosed anything about the results to either the Balochistan government or the Supreme Court of Pakistan.
“They clandestinely drilled for miles and never shared the results of this extra drilling, neither they mentioned it in the Feasibility Study submitted to GoB,” said an official. This was confirmed by the Balochistan government notification.
This ultimate truth has also put the Balochistan government in a legal bind which it will find hard to explain to the Supreme Court. A pro-bono petitioner, advocate Tariq Asad told The News that it was “criminal negligence” and “breach of trust” on the part of the GoB that it intentionally hid such an important information from the Supreme Court despite the fact that it knew each and everything as reflected in the Sept 21 notification.
Tariq said: “Now when the Balochistan government has come on record and in this notification unearthed many revealing facts about TCC and its past record, it will be quite easy for the apex court to reach a decision.”
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
The GoB in its Sept 21 gazette notification for the first time conceded that TCC had violated many laws. GoB ultimately raised the same objections which had been highlighted in detail in the first report in The News on Nov 3, 2010.
Most important of these was that TCC had drilled over 300,000 meters in not just EL-5, which was the main area it was granted, but in many adjoining areas but had not disclosed anything about the results to either the Balochistan government or the Supreme Court of Pakistan.
“They clandestinely drilled for miles and never shared the results of this extra drilling, neither they mentioned it in the Feasibility Study submitted to GoB,” said an official. This was confirmed by the Balochistan government notification.
This ultimate truth has also put the Balochistan government in a legal bind which it will find hard to explain to the Supreme Court. A pro-bono petitioner, advocate Tariq Asad told The News that it was “criminal negligence” and “breach of trust” on the part of the GoB that it intentionally hid such an important information from the Supreme Court despite the fact that it knew each and everything as reflected in the Sept 21 notification.
Tariq said: “Now when the Balochistan government has come on record and in this notification unearthed many revealing facts about TCC and its past record, it will be quite easy for the apex court to reach a decision.”
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
Most important of these was that TCC had drilled over 300,000 meters in not just EL-5, which was the main area it was granted, but in many adjoining areas but had not disclosed anything about the results to either the Balochistan government or the Supreme Court of Pakistan.
“They clandestinely drilled for miles and never shared the results of this extra drilling, neither they mentioned it in the Feasibility Study submitted to GoB,” said an official. This was confirmed by the Balochistan government notification.
This ultimate truth has also put the Balochistan government in a legal bind which it will find hard to explain to the Supreme Court. A pro-bono petitioner, advocate Tariq Asad told The News that it was “criminal negligence” and “breach of trust” on the part of the GoB that it intentionally hid such an important information from the Supreme Court despite the fact that it knew each and everything as reflected in the Sept 21 notification.
Tariq said: “Now when the Balochistan government has come on record and in this notification unearthed many revealing facts about TCC and its past record, it will be quite easy for the apex court to reach a decision.”
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
“They clandestinely drilled for miles and never shared the results of this extra drilling, neither they mentioned it in the Feasibility Study submitted to GoB,” said an official. This was confirmed by the Balochistan government notification.
This ultimate truth has also put the Balochistan government in a legal bind which it will find hard to explain to the Supreme Court. A pro-bono petitioner, advocate Tariq Asad told The News that it was “criminal negligence” and “breach of trust” on the part of the GoB that it intentionally hid such an important information from the Supreme Court despite the fact that it knew each and everything as reflected in the Sept 21 notification.
Tariq said: “Now when the Balochistan government has come on record and in this notification unearthed many revealing facts about TCC and its past record, it will be quite easy for the apex court to reach a decision.”
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
This ultimate truth has also put the Balochistan government in a legal bind which it will find hard to explain to the Supreme Court. A pro-bono petitioner, advocate Tariq Asad told The News that it was “criminal negligence” and “breach of trust” on the part of the GoB that it intentionally hid such an important information from the Supreme Court despite the fact that it knew each and everything as reflected in the Sept 21 notification.
Tariq said: “Now when the Balochistan government has come on record and in this notification unearthed many revealing facts about TCC and its past record, it will be quite easy for the apex court to reach a decision.”
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
Tariq said: “Now when the Balochistan government has come on record and in this notification unearthed many revealing facts about TCC and its past record, it will be quite easy for the apex court to reach a decision.”
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
A former Advocate General of Balochistan also confirmed to The News that the objections being raised by the GoB now were never placed before the SC during the proceedings, as he was then representing the province and he was never told to raise these objections against TCC.
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
But now that truth has only partially been revealed, it is for the SC to find out who sold the country and at what price, by getting to the bottom of facts and find the reality — the reality of how concession after concession was given to TCC on 100 percent ownership basis and the paltry 25 percent share of Balochistan was also doled out. How TCC was allowed to grab lands of other companies and build airstrips where planes landed and took off without any government or civil aviation monitoring. Why facts were concealed from the SC. Why Mining Secretary Mushtaq Raisani went to Canada while SC was conducting the proceedings. Why in early 2008 Chief Minister Jam Yusuf and BDA Chairman Farooq Ahmed stayed for 21 days in Santiago and Toronto, headquarters of these mining giants. Why on their return more lands were given to these mining companies. How the ex-BDA chief is enjoying a posh lifestyle in Dubai and once took 20 people with him for Hajj.
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
Those who know say the SC must summon former chief minister Jam Yusuf, Farooq Ahmed of BDA, Maqbool Ahmed, Secretary Mining GoB, Col Sher Khan of TCC (this fellow can really spill the beans by tons as he has been the point man for all good, the bad and the ugly things that happened), Tehsildar Mubashir of Chagai (who handled land records), TCC CEO Tim Livesey, who has been Barrick’s point man for over five years, and another Chilean official in Islamabad.
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
The most important fact to be determined is what the TCC actually found when it drilled hundreds of thousands of meters in and around Reko Diq. The results of those 300,000 drilled meters are the sole property of Pakistan, but not yet disclosed.
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
Experts say any known international geological surveyor company could be asked to perform a “Due Diligence Study”, audit the TCC accounts and data and reveal the secrets. For a million dollars or two, Pakistan would know the real worth of Reko Diq and then the Government of Pakistan should invite international bids and assure bidders giving them solemn, sovereign guarantees of safety and security of their assets and investments. Let then the job begin.
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
This will only be half of the job of the apex court. The other half would be to lay a solid foundation of Pakistan’s defence in any future arbitration case in ICSID Convention, the World Bank sponsored dispute resolution forum, where TCC can or will take its case. The buzz is that TCC will ask for $500 million in expenses and about $56 billion in loss of profit.
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
But it has to cross many legal hurdles in Pakistan before it can even file a case. And decisions take years to come. The main obstacle would be a Supreme Court judgment in the Hubco case in which the apex court in the year 2000 upheld the judgment of a lower Pakistani court restraining Hubco from proceeding with an ICC arbitration in London against Wapda and the Government of Pakistan.
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
The legal ground of the SC verdict was that Wapda and GOP (the respondents) had levelled allegations of fraud, illegality and corruption against Hubco for getting a favourable agreement under which the arbitration case was being filed. The SC said these violations, fraud and illegalities “precluded the arbitration of the dispute as matter of public policy.” The SC order had brought the Hubco-GOP arbitration to a halt and the dispute was subsequently settled out of court.
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
TCC will thus have to clear itself from the charges that it did not resort to fraud, illegality and corruption in obtaining the exploration licences on 100 percent basis, in getting 30-year surface rights on EL 5 and on EL 24 in the first place, besides answering other objections.
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
The Balochistan charge sheet against TCC in its notification of Sept 21 has made this extremely difficult, if not impossible. Still the SC has to bring out the proof that TCC was involved in all these crimes. Once this is done, TCC will have no case, anywhere.
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
When TCC was asked to respond to some of these issues, spokesperson Samia Ali Shah gave this response: “TCC can confirm that no additional blocks for exploration or any other purpose have been acquired after Nov 2010. TCC categorically denies that it has ever lied or made any misrepresentations before the honourable Supreme Court of Pakistan. All the issues and matters pertaining to the Reko Diq case were discussed in the proceedings which along with the replies filed by TCC are part of the public record and can be accessed by anyone. Moreover, facts of the case have been discussed in detail by the honourable court in the interim order of May 25th, 2011. TCC would not like to further comment as the case is still pending at the Supreme Court.”
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad
One mystery will, however, remain: Why did President Zardari sign The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 on July 15, 2011 to ratify the ICSID convention after 45 years. It binds Pakistan to international arbitration. Ahmad Noorani and Usman Manzoor contributed to this report from Islamabad

 

Reko Diq Gold & Copper Reserves – Biggest Conspiracy Against Pakistan – Naveed Taj Ghouri

http://www.bashaoorpakistan.com/blogs/naveed-taj-ghouri/reko-diq-gold-copper-reserves-biggest-conspiracy-pakistan/

Naveed Taj Ghouri      

The current turmoil in Pakistan, thousands of journalists, attorneys, opposition leaders and human rights NGO members, has thus far not impacted the Antofagasta/ Barrick Reko Diq joint venture advanced exploration project. A conspiracy to gain 75% of all the reserves, gold, copper and whatever they find….

 

Update: People who wondering why US is so much after Balochistan Area and why now talking about Drones at Quetta, because its all business and game for reserves of Balochistan. Read the exclusive Urdu Report which has been already published in BTC IBITIANS.com (Urdu)

 

America is After Reko Diq Balochistan Gold Reserves – Exclusive Report

 

 

 

 

Reko Diq is a small town in Chagai District, Balochistan, Pakistan, in a desert area 70 kilometres north west of Naukundi, near to the Iran-Afghan border.

 

Reko Diq, also the name of an ancient volcano, literally means sandy peak, but this is something of a misnomer. It could be called Tangav Diq, or gold peak, because according to development expert Syed Fazl-e-Haider, below the sands lie some 12.3 million tons of copper and 20.9 million ounces of gold. The copper-gold deposits at Reko Diq are believed to be even bigger than those of Sarcheshmeh in Iran and Escondida in Chile.

 

 

 

What is Reko Diq Project?

 

The Reko Diq project is a large copper-gold porphyry resource on the Tethyan belt, located in the dry desert conditions of southwest Pakistan within the remote and sparsely populated province of Baluchistan. The Tethyan belt is a prospective region for large gold-copper porphyries.

 

Reko Diq is a giant copper and gold project in Chaghi. The main license (EL5) is held jointly by the Government of Balochistan (25%), Antofagasta Minerals (37.5%) and Barrick Gold (37.5%).

 

Actually Barrick has a 50% interest in Tethyan Copper Company (the other 50% is owned by Antofagasta plc), which has a 75% interest in the Reko Diq project and associated mineral interests (for a resulting 37.5% interest in Reko Diq).

 

As of December 31, 2008, Barrick’s share of measured and indicated and inferred gold resources are 8.5 and 8.4 million ounces respectively. Barrick’s share of measured and indicated and inferred copper resources are 11.5 and 8.5 billion pounds respectively.

 

A further 14 mineralized porphyry bodies are known to exist, with the potential to place the Reko Diq Project among the largest undeveloped copper resources on the globe.

 

The TCC has estimated annual production 200 to 500 million copper tones from the project. The Company started the Reko-Diq copper project in 2003 with an investment of US $130 million. The project is faced with acute shortage of water for having no surface flow. The expected mining operations in Reko Diq will depend on sub-surface water with the exploration of underground water potential in the region being a pre-requisite for any mining project.

 

The Real Face of Barrick Gold:

In a reader poll conducted by the Censored News blog; Readers, primarily Indigenous Peoples, voted Monsanto as the second Worst Company in the World. Peabody Energy Corp., recently granted a life of mine permit to expand coal mining on Navajo and Hopi lands, was voted the third Worst Company in the World.

 

Barrick Gold Corp., which began the destruction of the Western Shoshone’s Mount Tenabo region during Thanksgiving, was voted the fourth Worst Company in the World. Blackwater Worldwide, responsible for murders and brutality worldwide, was voted the fifth Worst Company in the World.

 

Barrick Gold, responsible for the deaths of Indigenous Peoples around the world, began its onslaught on the sacred lands of the Western Shoshone at Mount Tenabo during the Thanksgiving holidays. Before leaving office, President Bush Sr. made it possible for Barrick to lease lands for gold mining in Nevada. Once out of office, Bush Sr. went to work for Barrick as a senior consultant.

 

 

 

Protestors gathered outside of Barrick Gold’s annual general meeting last year to show their solidarity with the affected indigenous community representatives who were inside the meeting voicing their complaints to the company shareholders.

 

In Australia, DR Congo, Ghana, Tanzania and New Guinea, Indigenous Peoples are fighting Barrick’s destruction in solidarity with the Western Shoshone. They are fighting the coring out of mountains for minute particles of gold and the poisoning of water with cyanide leaching.

 

Carrie Dann and other Western Shoshone grandmothers said the United States is trespassing on Western Shoshone treaty land, destroying mountains, trees, food and medicine, while leaving dirty polluted water ponds for birds and animals.

 

“Why doesn’t the mining company go dig up the Vatican or the Mormon Tabernacle instead of Western Shoshone lands, I’m sure they will find gold there,” said Mary McCloud, Western Shoshone grandmother, mourning the bulldozing of the pines near the ceremonial grounds on Mount Tenabo in November.

 

Near the Porgera mine in New Guinea, Jethro Tulin of the Akali Tange Association, told Barrick Gold, “Your security guards have been shooting and killing our people and raping, even gang-raping, our women with impunity for years now.”

 

Sydney residents also raised concerns about cyanide.

 

In 2007, Concerned citizens have gathered at Chullora in western Sydney to protest against the multinational mining company Barrick Gold.

 

The protest was part of an International Day of Action against the company.

 

Barrick Gold has mines across the globe, including North and South America, Africa and Australia.

 

 

 

Rise of Barrick Gold in Pakistan:

 

The Jewish Company working there stats that the pre-feasibility study is expected to be finalized in the third quarter of 2009. Work on the feasibility study has commenced and is expected to be completed in early 2010.

 

Barrick bought a stake in the Reko Dig copper-gold project in Pakistan for $100 million in February from Antofagasta PLC, a Chilean mining group.

 

In 2007, When CEO Greg Wilkins went to Islamabad in connection with that project, Munk said, he was received by both Prime Minister Shaukat Aziz and President Pervez Musharraf.

 

Although the company’s assessment of opportunities in that country is still in the early days, Wilkins said Barrick would be “very interested” in more projects there, despite challenges posed by the presence of al-Qaida in some of its regions.

 

According to Mineweb.com…. What is believed to be one of the world’s largest reserves of gold and copper were discovered last year in the Chaghi area in Pakistan’s southwest Balochistan Province. The Balochistan government has a 25% share while Barrick Gold has obtained 50% of the Reko Diq project. Reko Diq is believed to contain 12.3 million tons of copper and 20.9 million ounces of gold in inferred and indicated resources. Some surveys have suggested that Reko Diq may contain as much as 11 billion pounds of copper and nine million ounces of gold.

 

BHP Billiton, which was involved in the project at an earlier date, also believed Reko Diq may have the potential to yield copper resources that may eventually make it a multi-billion project. Antofagasta is now a 50-50 partner with Barrick. If the project is successful, it may have the potential to generate a mining industry in Pakistan.

 

An estimated US$46 million project budget includes a scoping study and initial pre-feasibility costs. The scoping study has been completed for the Western Porphyries with an updated resource anticipated at year end Barrick Executive Vice President, Exploration and Project Development, Alex Davidson told analysts last week.

 

While Riko was initially envisioned as a 72,000 tpd operation, Davidson said the joint ventures partners are now examining “significantly greater outputs.”

 

In an e-mail Monday to Mineweb, Barrick Senior Vice President Vince Borg said, “Our project staff in Islamabad are safe, which is the paramount concern wherever we operate, and we are in regular contact with them.” He noted that Reko Diq is in a very remote location, Baluchistan, “and work on the site is continuing.”

 

“We will obviously continue to monitor the situation,” Borg concluded.

 

 

 

The Conspiracy:

 

BHP Billiton, the world’s largest mining company, started this project with the Australian firm Tethyan, entering into a joint venture with the Balochistan government and estimating an annual production of 200 to 500 million pounds of copper. A large number of porphyry rocks are also known to exist.

 

The interests of the Australian company in Reko Diq and its neighbourhood were taken over by the Toronto-based Barrick Gold Corporation and the Chilean Antofagasta Minerals. These companies were handed a very lucrative deal. The terms agreed upon show that there is more to the issue than meets the eye. Royalties were reduced from the initial four to two per cent. Terms for the provision of cost-free land for an airport and a 400 km Reko Diq-Gwadar road were accepted. An unjust clause is that a 25 per cent share will be paid to the Balochistan government, but only after it invests 25 per cent in the project.

 

Antofagasta’s net assets at the end of 2007 grew to almost $5bn. In December 2005 it said: “Tethyan’s principal assets are a 75 per cent interest in the highly prospective Chagai Hills region of North West Pakistan known as Reko Diq, including the Tanjeel Mineral Resource. This mining district hosts significant copper-gold porphyry deposits as part of an extended copper-gold belt. Total indicated and inferred mineral resource estimates at these properties are 1,213 million tonnes with a copper grade of 0.58% and a gold grade of 0.28 grams per tonne. Estimates include probable reserves at the Tanjeel of 128.8 million tonnes with a copper grade of 0.7%.”

 

According to Rob Maguire of the Dominion paper, Barrick is the foremost gold mining corporation in the world, with sales exceeding $2.6bn in 2005 and the largest reserves in the industry, at nearly 90 million ounces. Proponents of this project state that the mines will create thousands of high paying jobs and give a massive boost to the local economy. However the main fear many have is that revenues generated by this project will be squandered by corrupt officials. Therefore it is imperative that a mechanism be evolved to ensure that revenues generated actually lead to better infrastructure, education and health.

 

These corporations have outsourced services to Pakistani contractors such as ROCKMORE PVT LIMITED, Security 2000, Zia ul Haq & Company, and foreign companies like Capital Drilling & Zain Drilling Company. In April 2008, Zain Drilling Company terminated the services of forty drilling assistants and recruited novices and non-locals. The AZAT Foundation has tried to protect their rights, and on June 14, 2008 a well-attended demonstration was held outside the Quetta Press Club.

 

There are many advocates of such mega projects who claim that the Baloch have benefited from their trickle-down effect. However, mining uses sodium cyanide, arsenic and other chemicals which produce toxic by-products. According to Marcel Claude, vice-president of the international environmental group Oceana, gold mining dumps 79 tonnes of waste for every 28 grams of gold and produces 96 per cent of the world’s arsenic emissions.

 

 

Community representatives of affected indigenous communities in Papua New Guinea, Chile and Australia traveled great distances to come to Toronto last year to speak out against the world’s largest gold mining corporation, Barrick Gold, regarding their gold mining operations where they live.

 

 

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VIP movement: ‘Punishment’ for being on time puts spotlight on IG

VIP movement: 
‘Punishment’ for being on time puts spotlight on IG

 January 19, 2012

 

 

PIA staffer Arshad Rind picked up 1.jpg

PIA staffer picked up, detained and threatened for not holding flight for Mushtaq Shah.

 

 

PIA staffer Arshad Rind picked up 2.jpg

IG Mushtaq Ahmed Shah cutting the ribbon at the Forensic Science Laboratory in Hyderabad in May last year before he became IG Sindh. PHOTO: FILE

 

KARACHI:

 

The good news is that some airline staffers want to ensure flights leave on time. But as one of them was to discover, doing your job can sometimes land you a night at the Boat Basin police station. That man isArshad Ali Rind, a Pakistan International Airline (PIA) deputy shift station manager, who maintains that he was picked up, kept in a police station overnight and threatened because he refused to break the rules and delay a flight for the province’s top police official – the inspector general of police (IG).

 

Rind said that he was asked to delay a PK-509 flight leaving for Sukkur on Tuesday afternoon because Sindh IG Police Mushtaq Shah was running late. He refused and the flight took off on its scheduled time at 12:30pm, with the IG Sindh arriving 15 minutes late. “All the passengers were onboard but the IG and one of his friends were left,” he explained. “I couldn’t delay it 15 minutes.” PIA confirmed the incident. “Our guy was asked to delay the flight but he told the policemen that it was not in his power to do anything,” PIA PRO Sultan Hasan told The Express Tribune. “So he ensured that the PIA flight took off at the scheduled time.”

 

Hours later, Boat Basin’s DSP Nayyarul Haq and SHO Naseer Tanoli raided Rind’s residence at Oyster View in Block II, Clifton near Bilawal House at around 1:30am Wednesday. Some 25 men in plainclothes in three police mobiles and two private vehicles first broke the door of his apartment. Rind said that the policemen misbehaved with his four children and wife. “I was sleeping then but they woke me and took me away,” he said. “They kept me in the lock-up and threatened to implicate me in terrorism cases.” The policemen took his cell phone and did not allow his family to visit him at the police station.

 

“When an IG level man works like this what can we expect with everyone else?” he asked. “He should be ashamed of himself.” Rind said that the IGP had suspended his nephew, Mushtaq Sikandar Jamal Rind, who is a police ASI posted to Hyderabad. He said that he feared that he and his family were at risk.

 

Rind was released after his family and PIA officials approached Sindh Home Minister Manzoor Wassan who suspended DSP Haq and SHO Tanoli. Sources in the police department told The Express Tribune that seniors had scrambled to prevent the suspensions of both police officials, who despite Wassan’s orders are still at work. An inquiry team is being formed. Sources said that the police seniors were also trying to negotiate with Rind to sweep the matter under the carpet. The IGP and other police officials were not available when approached to comment.

 

DSP Haq told The Express Tribune, however, that he refuted the allegations against the IGP, him and his police team and said that the police had a complaint against Rind which is why they had raided his house and brought him to the police station for questioning. He said that Rind had gone to the media to try and turn it around. “We were just taking action against a complaint,” he said. The DSP did not specify the nature of the complaint, or who made it and whether any entry was made in the roznamcha or daily police blotter. “It was of a private nature and I can’t share details,” he said.

 

Meanwhile, Rind is being seen as something of a hero at PIA. Abid Saleem Khan, a senior staff association president, said, “Our MD has really appreciated what Rind did and he’ll also be given an appreciation letter. The whole management and officers stand with Rind on this matter. The senior officials of the airline wasted no time in contacting senior police officials to sort out the matter. If Rind had followed their orders, he would have been suspended, because no one can delay flights on anyone’s whim unless the MD orders it.”

 

 

 

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Dynamics of the struggle

 

Dynamics of the struggle

PAKISTAN is witnessing a test of wills between its civil and military elite. It is a play of many parts and a thriller in its own right. It contains within it the subtext of provocation, courtesy Mansoor Ijaz. Pakistan is in the grip of ever-increasing speculation.
The question that I ask myself is: who benefits from the current turbulence? It is not helping the military as it diverts its focus from its main task that is to enhance the nation`s security and fight the insurgency. Recent reports indicate that the militants have increased their attacks in Khyber Pakhtunkhwa and Fata. Thus the tussle is threatening national security.
Rationality demands that it must be terminated.
The political leadership is already in the dock in the Supreme Court, where the government is being pummelled into a state of incoherence with each passing day.
The setback that it is facing at the hands of the judiciary and the military indicates that the ruling civilian clique is in a quandary and the prime minister and his advisers appear to be at their wits` end.
It is becoming increasingly clear that perhaps the only solution to this crisis is to call early elections otherwise the crisis will deepen. In the face of the military`s onslaught, it is the only viable alternative left. The recent resolution placed before parliament may be a tactical thrust, but it is unlikely to make much of a difference.
A study of Pakistan`s history and its civil-military relations shows that that there are certain features of the Pakistani polity that lays down the dos and don`ts of its politics and unless these are transformed there is unlikely to be a change in the civil-military dynamics managing Pakistan.
So what are the main featuresof the civil-military landscape? The `establishment` as it is euphemistically called is composed of an oligarchy consisting of politicians, the military, intelligence agencies, some civilservants, some media personalities and a sprinkling of those from other professions of lawyers, businessmen, landlords and the recent addition of militants.
What is not remarked on is the space provided to the militants to enforce the formation of a new identity.
This oligarchy has managed Pakistan since the 1960s. The military has kept the Pakistan political system under scrutiny for its alleged incompetence, failure to address the people`s problems and corruption. The military rests its case for right to influence policy based on competence, patriotism and a better understanding of the national interest.
Membership to this oligarchy, that numbers anywhere from 800 to 1,000, is dictated by belonging to an influential class and adherence to the oligarchy`s core values. Anyone who challenges these precepts is categorised as unsafe and removed from this group or eliminated in the new variant.
It is thus not necessary that all senior officers will be its members unless they also follow the value set that is largely determined by the military.
The core beliefs of the 011-garchy are: India is a threat to Pakistan; Pakistan`s security is foremost a military one; strategically the defence of Pakistan lies in the protection of Punjab and thus it forms the heartland of the state;the establishment agrees that social reform though theoretically necessary is too risky and can cause destabilisation.
Reforms are thus delayed and reliance is instead placed on seeking military and economic assistance for growth by forming alliances with the US and now China.
On the other hand, the politicians have attempted to slip out of the military`s stranglehold by banking on people`s power. Such efforts are only marginally effective.
Mr Bhutto used populism to bring changes but as support dwindled he was neutralised by the formation of the rightist Pakistan National Alliance under the manipulation of the ISI. An orchestrated agitation finally led to Gen Zia`s coup and Bhutto`s ouster and his subsequent execution.
In 1999, Mr Nawaz Sharif with his large parliamentary majority attempted to marginalise the ambitious Gen Musharraf he too faced a coup and was removed from power and arrested and made to leave Pakistan. If the past is any indicator, then it is clear that the military has placed the weak political government in a defensive position.
It is well known that the PPP was brought to power under an arrangement crafted between the military, the PPP and the US. The current army chief was at the time the head of the powerful ISI and obviously gave his consent to the arrangement. So what went wrong despite the attempt of the political leadership to keep the general staff happy? A good guess is that the military`s distrust of the PPP is rooted in its attempts to reform the ISI, while the May 2 raid on Abbottabad has dented the military`s claim of competence, protector of national security and obtainerof foreign resources for modernisation.
It is argued that perhaps there is a secret caveat between the US and the PPP as the price of being brought to power and that it is to open up Pakistan`s nuclear assets to greater transparency. The military fears that such an arrangement would compromise Pakistan`s deterrence against India and the PPP government might thus be harmful.
The other pieces in this puzzle like the prime minister`s remarks suggesting the military`s complicity in the Bin Laden affair or the `memogate` case are some of the other peripheral matters placing the PPP government under pressure. The acrimony will not end.
In order to reverse Pakistan`s decline, it is necessary that the `establishment` should have a realistic understanding of the international environment facing it instead of being cornered into isolation and have international sanctions imposed. The choice is ours.

 

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