GILGIT BALTISTAN SUPREME
APPELLATE COURT BAR ASSOCIATION
No. GBSACBA/2013/12
Dated: 01/10/2013
An emergent Joint meeting of Office Bearers & Executive
Committee of the GB SAC Bar Association was held on 01th October,
2013 at Supreme Appellate Court Bar Room under the President ship of
Mr. Shehbaz Khan Advocate President, to discuss the various issues
related to the Legal & constitutional matters of Gilgit Baltistan in general
& legal fraternity of Gilgit Baltistan in particular. The meeting
thoroughly discussed & decided the issues as per agenda and resolved
unanimously as under :
RESOLUTION:
i.
That the meeting showed its great concern over prolong
outstanding issue of lacking a constitution status for the Gilgit
Baltistan, perhaps the only region on the earth, whose citizens are
still deprived of their constitutional rights to govern themselves
through their chosen representatives in real sense and to have an
access to justice through an independent Judiciary inter alia for
enforcement of their fundamental rights GUARANTEED
UNDER THE CONSTITUTION as decided by the Supreme
Court of Pakistan and issued directions to the Federation of
Pakistan to implement the same within 06 months in the case
titled Al-Jehad Trust Versus Federation of Pakistan vide its
The meeting showed displeasure and great disappointment on the
pushing back policy of the above referred decision of the Apex
Supreme Court of Pakistan by the Federation of Pakistan since 14
years and continuation of remote controlled governing system of
Gilgit Baltistan through issuance of executive orders from the
corridors of the Ministry of Kashmir & Gilgit Baltistan Affiars
Islamabd.
The present governing system in Gilgit Baltistan under the
provisions of an executive order of Gilgit Baltistan
(Empowerment & Self-Governance) Order 2009, the meeting
termed it a wilful and deliberate violation of the decision &
directives of the Supreme Court of Pakistan, to give the people of
Gilgit Baltistan a governing and judicial system guaranteed
under a constitution. The meeting observed that instead of
giving more powers to the people of Gilgit Baltistan, the major
powers enjoying by the Government of Northern
Areas previously even under Northern Areas Governance Order
1994, have been curtailed and withdrawn by assigning the same
powers to a half represented institution namely Gilgit Baltistan
Council, having less than 50% representation of the region,
which is actually and factually second name of Kashmir & GB
Affairs Ministry Islamabad. Apart from various other powers,
absence of powers to amend the Order 2009 by the chosen
representatives of GB and non existence of a Claus in the present
Order regarding status of GB Chief Court as High Court
, appearing in the previous executive order of Northern Areas
Governance Order 1994, is enough to prove that the people of
Gilgit Baltistan have not been actually empowered at all as
directed by the apex court.
The meeting reminded Honorable Mian Mohammad
Nawaz Sharif, the Prime Minister of Pakistan regarding demands
of the Association made on 20th May, 2013 and conveyed
through the Minister for K & GB Affairs Islamabad to include the
above sensitive issues in the 100 days Special Agenda of the
present newly elected PMLN Government but unfortunately no
response has been shown in this regard so far. However, the
meeting expressed its hope that the present regime will realize the
sensitive situation of this region at the earliest to redress the
confronting issues, which will be in the larger interest of Pakistan
itself.
The meeting endorsed the decision of the recently held
General Body meeting of the Association regarding knocking the
doors of the Supreme Court of Pakistan for an immediate and
effective implementation of the Supreme Court of Pakistan,s
judgment reported in 1999 SCMR 1379. The meeting decided to
send a delegation of office bearers of the Association to
Islamabad very shortly to take appropriate and concrete steps in
this regard.
The meeting further decided to consult and approach
Pakistan Bar Council, Supreme Court Bar Association of Pakistan
& AJK Supreme Court Bar Association for their support and
collaboration for convening a Conference in Islamabad tentatively
in the month of January/February 2014 regarding “Status of
Gilgit Baltistan”
ii.
The meeting discussed in details regarding delay in
establishment of Administrative Courts in Gilgit Baltistan with
special reference to GB Services Tribunal, GB Revenue Board,
GB Labor Courts and GB Drugs & Narcotics Courts by the
Government of Gilgit Baltistan terming the attitude as Non
serious. The meeting further showed great concern about the
practice of importing Non Local persons for appointments
against the judicial & law related posts in Gilgit Baltistan. The
meeting strongly demanded the Federal Government as well as
Government of Gilgit Baltistan to with draw such appointments
and to fill up the same from the local eligible persons. The
meeting pointed out about appointment of a Banking Judge
functioning since 2012 but holding three different posts at a
time, of different Special Laws of Customs, Banking and
Accountability. The meeting considered this act as not only an
unlawful and illegal act but also a blow to the rights of local
eligible judges & lawyers. The meeting demanded immediate
separation of these posts to be filled from the local eligible
persons.
iii.
The meeting showed its great concerns over the extra
ordinary delay in establishment of GB Services Tribunal, despite
repeated directions issued by the Honorable GB Supreme
Appellate Court to Government of Gilgit Baltistan since 2011 in
several service matter cases in Leave to Appeal pending for
adjuration. Such delay has caused denial of a Judicial Forum to all
in Gilgit Baltistan concerning services matters. Numerous cases
have been kept in Sine Die before the GB Supreme Appellate
Court and GB Chief Court for an indefinite period in addition to
cases in pipe line. The meeting demanded the Honorable GB
Supreme Appellate Court & GB Chief Court to take serious
notice of this situation either by allowing Writs to provide relief
to the petitioners by its own or by issuing directions
to Government of Gilgit Baltistan to ensure establishment of
Services Tribunal with out any further delay.
iv.
The meeting demanded the Federal Government/GB
Government/Governor Gilgit Baltistan to take immediate steps
either to increase the number of Judges in GB Supreme Appellate
Court or to appoint two Adhoc Judges to solve the current
problem of Non adjudication of those Leave to Appeals cases
pending in Apex Court, decided as Judges of GB Chief Chief
Court previously by the Honorable Judges of GB Supreme
Appellate Court Elevated in January 2013 .
The meeting further demanded immediate appointment of
eligible local lawyers against the two vacant posts of Judges in GB
Chief Court.
v.
The meeting showed its deep concern over the
continuation of indefinite extensions of contractual posts against
which appointments made previously in the GB Judiciary. The
meeting demanded stoppage of further extensions of such
appointed contractual posts and fulfill the same posts purely on
merit basis. The meeting further demanded to appoint local
eligible lawyers against the same posts.