The Supreme Court was moved on Thursday against Gilgit-Baltistan Empowerment and Self Governance Order 2009, saying that it negatively impacts fundamental rights granted by the Constitution of Pakistan and encroaches upon the independence of people of the area.
Shafqat Ali Khan filed a constitutional petition under Article 184 (3) of the constitution through Advocate Ikram Chaudhry, making the Federation, Ministry of Law and Justice, Secretary Kashmir Affairs as respondents. The federation had promulgated Gilgit-Baltistan Empowerment and Self Governance Order 2009 in order to undertake necessary legislative, executive and judicial reforms for granting self-governance to the people of Gilgit-Baltistan.
The petition said, "2009 Order has not mentioned about the status of Gilgit-Baltistan as to whether it is part of Pakistan, or Kashmir or its own identity, neither it establish an independent executive nor the legislative body with its own independent status, therefore is confusing and self-contradictory."
"The territory of Gilgat-Baltistan is part of former princely state of Jammu and Kashmir, hence a disputed area and in the light of UNCIP Resolutions and the Simla Agreement, its status cannot be changed unilaterally. In addition, the order is also against Article 257 of the constitution," it added.
It said that the public at large are entitled to complete protection of constitution in terms of constitutional status for Gilgit-Baltistan and its guarantee as available to all other citizens. "Gilgit-Baltistan be given a constitution with institution there under like AJK till resolution of Kashmir dispute on the basis of United Nation resolutions," it added.
"The order 2009 does not conceive of an independent executive nor dews it cater for an independent legislative body. It only shows that the federal government was in charge and superintendent of the will of the people and the areas is governed through executive orders in contra-distinciton to the position and the status enjoyed by the other federating units in Pakistan or AJ&K. It is against the principles of democracy and self rule envisaged by the chapter of fundamental rights of the constitution," it added.