The Advocate General of Gilgit-Baltistan (GB) Muhammad Iqbal has filed the reply in Supreme Court that the appointment of interim chief minister for the GB be made in accordance with Article 224-1A of the Constitution of Pakistan.
A seven-member bench of the Supreme Court, headed by Chief Justice Gulzar Ahmed, on April 28 had directed the GB government and advocate general to submit replies on the federation petition and had adjourned the hearing until Thursday (April 30).
He said if any amendment in the Gilgit-Baltistan Order, 2018, for the appointment of GB caretaker setup and election laws was inevitable then such proposed amendments might be considered with prior assent of the GB government and assembly, in the light of the Constitution of Pakistan, the Supreme Court judgment in the best interest of the region, and the State of Pakistan.
The federation has filed a petition seeking to allow it making necessary amendments in the Government of Gilgit-Baltistan Order, 2018 for caretaker setup to conduct elections for the GB Assembly.
It said since the subject 'Election in Gilgit-Baltistan' was not clearly enumerated in the GB Order 2018 (GB Order, 2018) or in Gilgit-Baltistan Reforms 2019, therefore, the federal government be permitted to make necessary amendment in the GB Order, 2018.
The Supreme Court on Jan 17, 2019, had passed the 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.
In his reply, GB advocate general said the appointment of interim CM in GB may be made as per the practice followed in all the four provinces under Article 224-A of 1973 Constitution.
He said this practice be extended to GB without any alteration wherein Leader of the House and Leader of the Opposition suggest name for the CM with mutual consent, otherwise, it has to be referred to the parliamentary committee of the assembly, failing which the chief election commissioner has to intervene as a final resort.
He said they have asked the federal government that any constitutional reform and the compliance of the Supreme Court judgment [17-01-2019] be made through the GB Assembly, and Gilgit-Baltistan Council, so that it will carry a collective wisdom of both the legislatures but for the reasons best known to the federal government, the option of the provincial government has been avoided and no further development made on the issue.
He told that the federal government intends to amend Gilgit-Baltistan Order, 2018, for interim setup and GB Election Commission without the consent of GB government and input of the GB Assembly.
"The GB government and assembly neither floated any proposal for amendments in GB Order, 2018, regarding interim government and the GB election laws nor have given any consent thereof. Resultantly, it can be termed as obstruction of law and devoid of mutual consensus of all legislative bodies and stakeholders."
The advocate general informed that till today the federal government and GB government carrying legislative, judicial and administrative affairs under GB Order, 2018.
Under the provisions of GB Order, 2018 few appointments in the GB judiciary were made whereas further appointments were delayed on the plea that the order is sub judice before the Supreme Court, and the provision of speedy justice is declined subsequently to the people of region.
He informed that the GB provincial government had created four new districts namely Darel, Tangir, Gupis-Yasin and Roundu with the assent of GB Assembly for administrative purpose.
He told that GB government approached the federal government for necessary amendment in Article 2(g) of the Gilgit-Baltistan Order, 2018 to insert the names of new four districts, but the matter has been pending for the last one-and-half year.
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