A constitutional petition was filed in the Supreme Court (SC) here on Thursday challenging the appointment of retired judges in Gilgit-Baltistan Supreme Appellant Court.
Dr Ghulam Abbas, Chairman Gilgit-Baltistan National Movement, filed the petition through Ikram Chaudhry Advocate under Article 184(3) of Constitution making Federation of Pakistan through Secretary Law and Justice, Chairman Gilgit-Baltistan Council, Chairman GB Legislative Council, Secretary Ministry of Kashmir and GB Division and Speaker Gilgit-Baltistan Legislative Assembly as respondent.
The petitioner pleaded to declare the provisions of Article 60(5),(6)and (8) of Gilgit-Baltistan (Empowerment and Self Governance Order 2009) ultra vires of the Constitution of Pakistan, against the fundamental rights of the citizens of Gilgit-Baltistan and against all norms of justice and principles laid down by the Supreme Court of Pakistan specifically for superior judiciary.
He pleaded that Federal government and other respondents be directed to amend the provisions of Gilgit-Baltistan (Empowerment and Self Governance Order 2009) forthwith and bring all the provision at par with 1973 Constitution (including 18th Amendment) and interim Constitutional Act of Azad Jammu and Kashmir 1974.
In 2009, the incumbent Pakistan People's Party (PPP) government introduced Empowerment and Self Governance Order 2009 but nothing was done to ensure the security pertaining to tenure of the Supreme Appellate Court judges as available to the judges of High Courts in Gilgit-Baltistan, Azad Jammu and Kashmir and all the four provinces of Pakistan.
The insecurity ultimately affected the independence and impartiality of judicial system in enforcement of fundamental rights.
It was pleaded that Article 60 of Gilgit-Baltistan (Empowerment and Self-Governance Order 2009) was contrary to Article 8 of 1973 Constitution which tantamount to negate fundamental rights being enforced through independent judiciary.
This was also against Article 175 and 203 of the Constitution and fundamental rights and judgements of Supreme Court of Pakistan in Al-Jihad Trust and other cases.
It was also contended that the judiciary was the most important organ of the state and without its independence, the dream of welfare state could not be realized.
Ironically the judiciary in Gilgit-Baltistan is not independent as the services of judges of Supreme Appellate Court are not secured under Article 60 Gilgit-Baltistan (Empowerment and Self Governance Order 2009), the judges and Chief Judge of the Supreme Appellate Court GB are being appointed for a period of three years while the superannuation age of Chief Judge and judges of GB Chief Court has been provided as 62 years.
The petitioner prayed that Chief Justice of Pakistan in consultation with two senior most judges should be the appointing authority being part of Article 60 of Order 2009 instead of Prime Minister of Pakistan and Governor GB.
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