Supreme Appellate Court Bar demands provisional provincial status for Gilgit-Baltistan
Gilgit, July 4: (PR) Gilgit Baltistan is the only Piece of Region in this Global World, who’s people are still deprived from their fundamental rights to govern themselves through their chosen representatives, backed by a parliament and to have access to an independent judiciary, Guaranteed under a Constitution, which infact, is not only a violation of International Charter of Human Rights to which Pakistan is a signatory but also a disobedience of the orders/ directives given on 28th May, 1999 by the Supreme Court of Pakistan (1999 SCMR 1379).
The present administrative, judicial and legislative system prevailing in Gilgit Baltistan is based on Gilgit Baltistan (Empowerment & Self Governance) Order 2009, which is, no doubt, just an Executive Order issued by the Ministry of Kashmir Affairs & Northern Areas on 09th September, 2009 wherein the fundamental power to amend the same has been kept remained with the Ministry of Kashmir Affairs & Northern Areas as Government of Pakistan and other meaningful powers have been entrusted to Gilgit Baltistan Council which infact, is not fully represented by the people of GIlgit Baltistan thus leaving behind peanut powers of municipal legislation to the actual chosen Gilgit Baltistan Legislative Assembly. The continuation of such kinds of adhoc and cosmetic arrangements to give the people of Gilgit Baltistan the Lollypops instead of giving them the real constitutional rights shall bring disastrous affects for the national interest of our beloved country Pakistan in this region.
The Gilgit Baltistan Supreme Appellate Court Bar Association demands the Federation of Pakistan headed by Honorable Mohammad Nawaz Sharif , the Prime Minister of Pakistan to consider this issue as one of the most important & crucial issue on the national agenda, being an urgent matter in the larger interest of future of Pakistan itself, by taking immediate steps to bring at par the people of Gilgit Baltistan with other provinces of Pakistan, Azad Jammu & Kashmir or even the Indian Held Occupied Kashmir by giving Constitutional Rights :
Either by amending in Constitution of Pakistan to form the Gilgit Baltisan a Provisional Province of Pakistan till the decision of Kashmir Dispute or by giving the people of Gilgit Baltistan an Interim Constitution as done in the case of AJK.
The Gilgit Baltistan Supreme Appellate further demands Honorable Mian Muhammad Nawza Sharif Prime Minister of Federation of Government to do the following needful on emergency footings either by making amendments in Gilgit Baltistan (Empowerment & Self Governance Rule) 2009 or through executive orders:
A. Related to Judiciary
1. To name the GB Supreme Appellate Court as GB Supreme Court & GB Chief Court as GB High Court.
2. To increase the number of Judges in GB Supreme Appellate Court upto Five
Judges by accommodating the eligible members of the Bar as done previously in the tenures of 2006-2009 & 2009-2012.
3. To implement the judgment of the GB Supreme Appellate Court Dated 16th November, 2009 (2010 GBLR 160) in letter and spirit to bring at par the Apex Judiciary of Gilgit Baltistan with the rest of Pakistan and AJK by making amendments in GB (Empowerment & Self) Governance Order 2009 for temporary increase in the number of Judges in GB Supreme Appellate Court and GB Chief Court and ending of Quota system during induction in Gilgit Baltistan Chief Court being un constitutional.
4. Immediate appointment of two Adhoc Judges in GB Supreme Appellate Court to adjudicate upon the several cases decided by the then Judges GB Chief Court now elevated as Honorable Judges in GB Supreme Appellate Court.
5. Immediate fulfillment of the two posts in Gilgit Baltistan Chief Court vacant since 2009.
6. Stopage of policy of import and appointment of Non Local Lawyers & Judges against the posts in Apex Judiciary, Administrative Courts and other law related institutions in Gilgit Baltistan
B. Related to Legislative & Adminstrative Matters:
To make certain amendments in the GB (Empowerment & Self Governance) Order 2009 by giving powers to the chosen GB Legislative Assembly & the Chief Minister:
i. The powers to make amendments in the GB (Empowerment & Governance Order 2009 as done in case of Pakistan & AJK
ii. To legislate on the subjects of Minerals, Forest, Toursim & Hydro Power being provincial subjects as done in Pakistan as well as AJK.
iii. To give powers to Chief Minister/Chief Executive GB the same powers as enjoyed by the Chief Ministers in all provinces
or Prime of AJK being the Chief Executives with special reference to posting and transfers
iv. To bring the Gilgit Baltistan at par with the rest of Provinces in Pakistan & AJK with special reference to Positions or vacancy sharing formula between the Government of Pakistan and the Government of Gilgit-Baltistan.
