ISLAMABAD - Chief Justice Iftikhar Muhammad Chaudhry on Friday hinted that the Balochistan government may take decision itself on renewing or rejecting agreement with the Tethyan Copper Company for exploration of gold and copper at Reko Diq till the court finally issues judgement about this case. The Chief Justice said: 'As the TCC has not shared with the Supreme Court yet, but had gave it to the Balochistan government ,therefore, in the meantime the Balochistan government may take decision on agreement. The court observed ultimately the decision has to be made by the Balochistan government. A four-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Sair Ali, Justice Ghulam Rabbani and Justice Khalil-ur-Rehman Ramday was hearing Constitutional petitions by Muhammad Tariq Asad, ASC, Watan Party, Maulana Abdul Haque Baloch & others, vs. Federal Government through Federal Secretary, M/o Petroleum & Natural Resources, Islamabad & others Govt. of Balochistan through Secretary Industries & others. Advocate General Balochistan Salahuddin Mengal informed the court that the TCC gave the feasibility report to the Balochistan government, which contains 0.1 million pages, last year in October. 'We want to consult experts before making decision on the agreement, he said. Raza Kazim, counsel for Maulana Abdul Haq Baloch and others, said the case is not ripe for the final decision and requested the court to suspend the proceedings. Maulana Haq, a former MNA, had initially filed a petition at Balochistan High Court against awarding Reko Diq project to a foreign country, which was later dismissed. The learned counsel said under Balochistan Development Authority (BDA) Act 1970, it was the obligation of BDA to explore minerals in the province itself. 'It did not do the things which the law required to do, and ,added, it should have been handling the project itself prior to entering into Joint Venture Agreement (JVA) with the BHP, an Australian Mining and Exploration company. He said legal propriety was not observed in this project. He said: 'Even the court strikes down their case but it should take into account our limitations and deficiencies. He said it was not a simple case of corruption but a case of constitutional duty. The learned counsel stated that the Constitution places some obligation on all of us and referred Article 2A and clauses 9 and 10 of the Objective Resolution. Kazim said the minerals in Balochistan are the national property and contended the JVA should not have been signed between BHP and BDA. Justice Ramday stated that the Balochistan Development Authority while submitting application for Joint Venture Agreement with BHP Australia had concealed the facts. He asked the Advocate General Balochistan when did the BHP came in picture for the first time and when the licence was issued, extensions were given to and then prospecting licence issued to TCC for exploration and on what date it was extended. Salahuddin informed the court that prospecting licences for exploration was given to the BHP and BDA for one year i.e. from December 1996 to December 1997. He said 10 licences were initially issued out of that eight were surrendered in 1998 and two retained and one contract was turned into EL-5. He further told that the first license given to BHP in 1993 with the approval of the Governor. On that the court observed that Governor has no authority to award such contracts. The Advocate General said after the new Mineral Policy of Balochistan 2002 the contract was awarded to TCC on 18-05-2002, which will be expiring on February 19, 2011. The Chief Justice told him that the court has to see whether the law was applied in JVA. Justice Sair Ali inquired from Balochistan Advocate General what would happen after the expiry of JVA whether the TCC would take away its machinery or not? Salahuddin said that according the agreement the TCC had to give 25 per sent share in profit, but when they sold its share to Barrick Gold, a Canadian company and Antofagasta PLC, a Chilean company at $60 million they did not pay a single penny to Balochistan government. The Chief Justice questioned who were those persons responsible for awarding the contract to foreign company, which was not registered in the country. Deploring the whole process, Justice Ramday maintained, 'I suspect the mental health of all the officials who awarded licenses to the foreign companies in 1993 like gifts in a basket. The AG told the court that Atta Muhammad Jaffar awarded contract to BHP in 1993. The case was adjourned till January 31st.