Appointment of interim CM: SC allows federal government to issue Presidential Order

The Supreme Court on Thursday allowed the federal government to issue Presidential Order for appointing interim chief minister and conducting election in Gilgit-Baltistan.

A seven-member larger bench, headed by Chief Justice Gulzar Ahmed, heard the federation's petition to allow it to make necessary amendments in the Government of Gilgit-Baltistan Order, 2018, for the GB caretaker setup and the assembly elections.

Attorney General for Pakistan Khalid Jawed informed that as of today the prevalent law in the Gilgit-Baltistan was GB Order, 2018, adding however, there was no provision in the order for holding GB Assembly election and appointment of interim setup.

He said the last elections of Gilgit-Baltistan Assembly were held in 2015 under GB Order, 2009.

Advocate General GB Muhammad Iqbal appeared before the bench and informed that the terms of Gilgit-Baltistan Assembly were expiring on June 24, 2020.

Hence there is urgency to provide legal mechanism for holding elections, including set up of caretaker government.

Salman Akram Raja, representing Dr Ghulam Abbas, who in 2018 had filed the petition before the apex court against the Appellate Court of Gilgit-Baltistan, said Article 54(5) of Proposed Order, 2019, caters the present situation (GB elections and interim chief minister).

He stated, despite 15 months, the federal government had not implemented the judgment, which directed the government to promulgate the Proposed Order.

The Supreme Court on 17th Jan 2019, had passed judgment directing the federal government to promulgate Proposed Order pertaining to the status, authority and powers of Gilgit-Baltistan (GB) including the judiciary and the rights available to its people forthwith or within fortnight.

However, the PTI despite the lapse of one year and three months have not implemented the Proposed Order, 2019. Article 56(5) of the Proposed Order, 2019, states; on dissolution of assembly on completion of its term, or in case it was dissolved under Article 62 of Proposed Order 2019, the chairman of the GB Council shall appoint a caretaker cabinet.

The caretaker chief minister shall be selected by the chairman of the council in consultation with the chief minister, leader of the opposition in the outgoing assembly and the minister for Kashmir affairs and Gilgit-Baltistan.

In case the chief minister, leader of opposition and the minister for Kashmir Affairs and Gilgit-Baltistan do not agree on any person to be appointed interim chief minister then the chairman of the council may appoint in his discretion caretaker chief minister.

The chief justice observed that without addition or subtraction, if the federal government holds the election under the relevant provision of the Proposed Order, 2019, then it will cater the present situation [GB election].

The bench allowing the federation petition said the Presidential Order could be issued for holding of elections and the interim setup, while the other issues of the petition would be heard at the later stage.