Elections in G-B: SC for inclusion of upright, impartial persons in care-taker set-up

The Supreme Court expects that upright and impartial persons with proven track record of high-level of integrity shall be included in the Gilgit-Baltistan caretaker government for holding free and fair elections there.

"We expect that the caretaker government shall comprise highly respected persons with proven track record of high levels of integrity, impartiality, uprightness and competence," said a seven-page order of the Supreme Court on federal government's application.

Attorney General for Pakistan Khalid Jawed on April 15 had filed a civil miscellaneous application that the federal government be allowed to make necessary amendments in the Governance of Gilgit-Baltistan Order, 2018. A seven-member larger bench, headed by Chief Justice Gulzar Ahmed, on April 30 through a short order had allowed the federal government to issue presidential order for appointing interim set-up and the conducting elections in the Gilgit-Baltistan in accordance with Article 56(5) of proposed Gilgit-Baltistan Governance Reforms Order, 2019.

"We are clear in our minds that it is in the interest of the people of Gilgit-Baltistan as well as continuity of the democratic process that elections should be held on time, under an impartial caretaker setup to ensure that the elections are free and fair and the outcome of the same is in accord with the will and aspirations of the people of Gilgit-Baltistan.

"We are therefore in no manner of doubt that this court has ample powers in terms of Article 184(3) read with Article 187 of Constitution to pass appropriate orders to avoid a constitutional crisis." However, they (SC) have reserved to itself the power to pass appropriate orders in continuation of our judgment dated 17-01-2019.

The bench noted that none of the stakeholders including the sitting government of Gilgit-Baltistan has raised any objection or expressed any reservation regarding the prayer made by the federal government, and have in fact fully supported it.

The court said that with the consent of all stakeholders the federal government may issue a Presidential Order inter alia to adopt the Election Act, 2017, together with all rules, regulations and byelaws framed thereunder to apply mutatis mutandis to the territory of Gilgit-Baltistan. The apex court also ordered to take all other steps that may be necessary or incidental to the holding of free and fair and transparent elections under an impartial caretaker government set-up for holding free, fair and transparent elections in accordance with Article 56(5) of proposed Gilgit-Baltistan Governance Reforms Order, 2019 together with all provisios as incorporated in schedule to the judgment of the Supreme Court dated 17-01-2019.