The Supreme Court on Wednesday suspended the judgment of Gilgit-Baltistan Supreme Appellate Court to set aside the Government of Gilgit-Baltistan's Order 2018. A three-judge bench, headed by Chief Justice of Pakistan Mian Saqib Nisar, heard the federation's constitutional petition filed under Article 184(3) of Constitution for setting aside the verdict of Supreme Appellate Court of Gilgit-Baltistan.
The apex court revived the Government of Gilgit Baltistan Order 2018 and directed the federation not to extend the term of the Chief Judge of Gilgit Baltistan Supreme Appellate Court. The Chief Justice said that the people of Gilgit-Baltistan shall have the same fundamental rights which are available to the people across the country.
The AGP informed that the President of Pakistan had promulgated Government of Gilgit-Baltistan Order 2018 on 26-05-2018, which was notified on 01-06-2018. It was argued that the Order 2018 is well within the jurisdictional ambit of the President of Pakistan under Article 258 and 48 of Constitution to introduce reforms for the betterment and self-governance of the Gilgit-Baltistan. The reforms are the need of the time and based upon government policy for the Gilgit-Baltistan.
The new reforms in GB were made through a consultative process with the concerned ministries, government departments and the stakeholders. However, Saeed Afzal (member GBC) filed a constitutional petition before the GB Supreme Appellate Court for continuation of his tenure till 2020.
The GB Supreme Appellate Court through order 24-04-2018 restrained the federal government to introduce new law/order for the governance of Gilgit-Baltistan and issued notices to the secretary Ministry of Kashmir Affairs and Gilgit-Baltistan and secretary Ministry of Law and Justice.
The federation raised the issue of jurisdiction before the GB Appellate Supreme Court, but it did not consider the contention and on 20-06-2018 suspended the operation and implementation process of Government of Gilgit-Baltistan Order 2018 till the decision on the suo motu case.
The GB court through its judgment on 13-07-2018 set aside the Order 2018 and ruled that till time Gilgit-Baltistan (Empowerment and Self Governance) Order 2009 shall remain in force.
The federation in its petition questioned whether the GB Supreme Appellate Court has authority and powers to exercise suo motu jurisdiction and issue process, writs and direction against the government of Pakistan. Whether the GB Appellate Court can suspend, set aside or vary any law or order promulgated by the President of Pakistan in exercise of Article 258 and 48 of the Constitution.
The GB Supreme Appellate Court under Gilgit-Baltistan (Empowerment and Self-Government) Order 2009 and Government of Gilgit-Baltistan Order 2018 can be termed as the constitutional court.
The federal government of Pakistan has promulgated the Gilgit-Baltistan (Empowerment and Self Governance) Order 2009 on 9th September, 2009 wherein the Gilgit-Baltistan Council (GBC) and GB Supreme Appellate Court were constituted.
The GBC was established under the Article 33 of the Gilgit-Baltistan (Empowerment and Self Governance) Order 2009. Prime Minister of Pakistan is its chairman and secretary Ministry of Kashmir Affairs and Gilgit-Baltistan is the secretary in-charge of the GBC.
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