ISLAMABAD: Chief Justice of Pakistan (CJP) has raised question can a law be within powers of federation and provinces simultaneously. Justice Yahya Afridi remarked could government not amend mineral rules. Why need is being felt to make amendments in mineral act 1948. If basic human rights are affected by amendment in mineral act then court will interfere. Justice Munib Akhtar remarked laws are not implemented like magic.

Laws will dominate which bear resemblance at federal and provincial level. Reko Diq presidential reference came up for hearing before a 3-member bench of SC presided over by CJP Umar Ata Bandial here yesterday. Additional Attorney General (AAG) told court mineral act 1948 was neither included in 1973 Constitution and federal law list nor was it included in provincial law  list. Some clauses of mineral act went to powers of federation some provinces. Salah ud Din Ahmad counsel for Balochistan government argued that learned judge raised question on maintainability of reference.

Reko diq is matter of public interest and President has authority to send reference upon it. Court remarked, asked in reference are vague. It is not necessary that questions have been formed on precisely correct point. Indian SC has maintained SC can give its opinion on points raised in arguments. CJP remarked SC will have to give opinion only on these legal submissions in Reko Diq reference. Salah ud Din advocate took plea it is better that court should avoid giving such opinion which is due to facilitation of all investors. Court adjourned hearing of case till today.

Published in The Daily National Courier, November, 16 2022

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