Wed. Nov 25th, 2020

Why military courts in Gilgit Baltistan ?

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Sher Nadir Shahi

After Peshawar incident Government compelled to take some hard decision to control the burning issue of terrorism. Prime Minister Nawaz Sharif called meeting of parliamentarians and promptly decided to make amendment in the constitution of Pakistan. Parliament amended in the article 62 and article 63. This was 21st amendment in the constitution which gives permission to establish military courts in Pakistan. Some of the political and religious parties’ caste their votes for the amendment and few of them resisted and supposed it illegal and un-democratic.

According to this 21st amendment, the government permitted military to establish courts in the country for justice and to control terrorism. Very soon the military courts started their function in the country and many terrorists have been hanged due to the decision of military courts.

This story was all about the situation of Pakistan which constitutionally and legally consists of four provinces i.e. Punjab, Sindh, Khyber Pukhtonkhoowa, and Balochistan.  Article (1) of constitution of Pakistan defines the territories of Pakistan as follow. “The territories of Pakistan Shall comprise: (a) the provinces of Balochistan, the Khyber Pakthunkhwa, the Punjab and the Sindh. (b) The Islamabad capital territory, here in after referred to as the Federal capital(c) Federally administrated tribal areas(d) Such States and territories as are or may be included in Pakistan, whether by accession or otherwise.”  According to the constitution of Pakistan the government have right to make rules and the regulation for the people of the constitutional areas of Pakistan. The federal and provincial government of Pakistan has right to amendment in their constitution. The people who are living in the defined territory have right to caste their votes in general elections of Pakistan and they can elect their representative. The representatives of the people of the defined territory are elected members of provincial and national assembly as well as senate. Therefore, the people given right to the assembly to make rules and laws for them. Nawaz Sharif is the elected prime minister of the country and he have right to make rule and law for his country. He and his elected government have right to give permission to establish military courts in defined territory of Pakistan but who gave this right to Mr Nawaz Sharif and his government to establish military courts in Gilgit Baltistan. Does the constitution of Pakistan permit the government to establish military courts in Gilgit Baltistan? Is GB legal part of Pakistan? Can people of GB caste their votes in general elections of Pakistan?  Are the people of GB can take part in elections? Is GB constitutionally part of Pakistan?

The answer of all questions are NO because according to UN and UNCIP resolution, Gilgit Baltistan is the dispute territory. The decision about the future of GB will be in future and Pakistan the occupation of Pakistan is illegal and unconstitutional. The federal and provincial government of Pakistan has no right to make rule and laws about GB because the two million people of Gilgit Baltistan are not legal and constitutional citizens of Pakistan. They don’t have representation in the provincial and national Assembly as well as senate of Pakistan. The two million people of Gilgit Baltistan are not permitted to caste their votes in the general elections of Pakistan. Nawaz Sharif and other legislators are not elected representatives of the two million people of GB.  Therefore, they have no right to make laws for the people of GB. In constitution, there is no single word written about Gilgit Baltistan which indicates that Gilgit Baltistan is not legal part of Pakistan and the Pakistani rulers do not have right to establish military court in Gilgit Baltistan. If military courts will be establish in the dispute territory then  the people of  Gilgit Baltistan will resist and that’s there basic and democratic right and they have right to ask Pakistani government that for whom and according to which constitution the military courts will be establish??

This is the time to awake the people of GB to stand against this brutal and illegal decision of paksitani government to suppress those people who are fighting for their basic rights and independence of their Motherland Gilgit Baltistan from Pakistani occupation.

 

 

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