2012 PLP 402 (SCMR)

Representation

• Raza Kazim, Senior Advocate Supreme Court and Mahmood A. Sheikh, Advocate-on-Record for Petitioners (in C.P. 796 of 2007)
• Tariq Asad, Advocate Supreme Court for Petitioner in person (in Constitutional Petition No. 68 of 2010)
• Barrister Zafarullah Khan, Advocate Supreme Court for Petitioners (in Constitutional Petition No.69 of 2010).
• Sahibzada Ahmed Raza Qasuri, Senior Advocate Supreme Court for Petitioners (in Constitutional Petition No.1 of 2011).
• Nemo for Petitioners (in Constitutional Petition No.4 of 2011)
• Shafi Muhammad Chandio, D.A.-G., Raja Abdul Ghafoor, Advocate-on-Record and Irshad Ali Khokhar, D.-G for M/o. Petroleum
• Amanullah Kanrani, A.-G. (Blo), Ahmer Bilal Soofi, Advocate Supreme Court, Raja Abdul Ghafoor, Advocate-on-Record and Azhar Ghafar, Dy. Dir. for Government of Balochistan.
• Nemo for Respondent No.6 (in Constitutional Petition No. 68 of 2010)
• Raja Muqsit Nawaz Khan, Advocate Supreme Court for Respondent No.7 (in Constitutional Petition No.1 of 2011).
• Khalid Anwar, Senior Advocate Supreme Court for Respondent No.4 (in Constitutional Petition No.1 of 2011).
• Fakhruddin G. Ebrahim, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Respondent No.4 (in C.P. No. 796 of 2007)
• Barrister Sajid Zahid, Advocate Supreme Court and Arshad Ali Chaudhry, Advocate-on-Record for Respondents Nos. 5 and 7 (in C.P. No. 796 of 2007).
• Khalid Anwar, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Respondent No.6 (in C.P. No. 796 of 2007)
• Abdul Hafeez Pirzada, Senior Advocate Supreme Court and Arshad Ali Ch., Advocate-on-Record for Respondent No.8 (in C.P. No.796 of 2007).
• Qazi A. Naeem Qureshi, Advocate Supreme Court (Absent) for State Bank of Pakistan (in C.P. No. 796 of 2007).
• Malik Shakeel-ur-Rehman, Advocate Supreme Court (Absent) for the Applicant (in C.M.As. Nos. 3680, 3687 of 2010 and 151 of 2011)
• M. Ikram Ch., Advocate Supreme Court (Absent) for the Applicant (in C.M.A. 215 of 2011).
• Raja Abdul Rehman, Advocate Supreme Court for the Applicant (in C.M.A. No. 414 of 2011).
• Saleem Khan, Advocate Supreme Court (Absent) and Ms. Afshan Ghazanfar, Advocate Supreme Court (Absent) (in C.M.A. No.414 of 2011).
• This matter was taken up on 2-2-2012, when an application was moved on behalf of petitioner by Mr. Raza Kazim, Senior Advocate Supreme Court, inter alia, with the prayer to initiate proceedings of contempt of Court against the respondents for the reasons mentioned in the application and in the meantime direct them not to take further steps in arbitration and instead withdraw the request of arbitration at the ICCA and ICSID, till this Court decides the matter on the legalities and validity of the joint venture agreements.
• 2. Mr. Khalid Anwar, Senior Advocate Supreme Court states that 'TCCA' is an independent body corporate, having no concern with instant proceedings
• 3. Learned Advocate General Balochistan controvert this fact and made reference to alliance agreement between the BHP Minerals International Exploration Inc. and TCCA dated 3-4-2002, to substantiate that 'TCCP' and 'TCCA' are component of one company and that now 'TCCA' has approached ICC and ICSID for arbitration. To elaborate his submission, he has made reference to the following title of the agreement dated 3-4-2002:--
• 5. Mr. Khalid Anwar, learned Senior Advocate Supreme Court, however, has opposed the grant of stay and contended that whatever status both the companies i.e. 'TCCP' or 'TCCA' may enjoy but 'TCCA' is not represented by any one of them and any order passed by this Court in this regard is likely to cause further legal complications domestically and internationally, as well.
• 6. We have heard both the sides and have considered the request so made by Messrs Raza Kazim, Senior Advocate Supreme Court, Ahmer Bilal Sufi, Advocate Supreme Court and Advocate-General Balochistan and have taken into consideration the fact that the Government of Balochistan is being insisted for appointment of the Arbitrator; therefore, we direct to the Government of Balochistan as well as Government of Pakistan to make a request to the ICC and ICSID Washington D.C. not to take further steps and extend the period for nomination of the Arbitrator, so that in the meantime this Court, which is already seized of the matter since the year 2007 and is hearing the petitions filed subsequently on the same subject under the Constitutional provisions, may dispose of the same finally.

Judgment & Decree