The Supreme Court on Thursday adjourned the hearing of the presidential reference on the Reko Diq agreement till November 21. A five-member larger bench headed by Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial and comprising of Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, and Justice Jamaal Khan Mandokhel heard the presidential reference. The president – on the advice of Prime Minister Shehbaz Sharif had filed the reference to seek the top court’s opinion on the Reko Diq settlement agreement. During the course of proceedings, Justice Muneeb Akhtar asked how could province of Balochistan amend the Federal Minerals Act. Federation could exercise powers over provincial laws but provinces could not, he added. Lawyer Salahuddin Ahmed said that Balochistan Assembly could legislate for Reko Diq Agreement. Justice Muneeb Akhtar said that the government wanted the court to interpret the Constitution in its preferred way. Rest of the provinces should enact legislation independently like Khyber Pakhtunkhwa Minerals Act, he added. Justice Jamal Khan Mandokhail said that Balochistan government should make its own law related to minerals. Legislation could happen in a week, he added. He asked how could the court give a more clear opinion than this. The counsel for the Balochistan government said that he would adopt the arguments of the additional attorney general. Court Assistant Farogh Naseem said the court could give an opinion that the Balochistan Assembly should legislate for the Reko Diq project. The problem could be solved if the province of Balochistan enacted its own Minerals’ Act, he added.
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