Connect with us
//pagead2.googlesyndication.com/pagead/js/adsbygoogle.js (adsbygoogle = window.adsbygoogle || []).push({});

News

Ups and Downs of Supreme Court’s Decision about Gilgit-Baltistan

Justice Retired Muzaffar Ali

Published

on

Supreme Court's Decision about Gilgit-Baltistan

The Supreme Court of Pakistan’s judgment about the constitutional rights of Gilgit-Baltistan was enthusiastically awaited by its people, the Federal Government, the people of Azad Kashmir and even the people of Jammu & Kashmir. Obviously, the people of Gilgit-Baltistan were considering the Supreme Court of Pakistan as their last hope to determine their constitutional status which was pending for more than seven decades on the pretext of Kashmir issue. The judgment by the Supreme Court of Pakistan finally came on 17th January 2009 which is now publicly available.

The people of Gilgit-Baltistan, since their independence, are ruled by the Federal Government either by imposing Frontier Crimes Regulation – FCR or through “administrative orders”. Persistent denial of granting fundamental rights and constitutional status to the people of Gilgit-Baltistan, in fact, tantamounts to denial of aspirations of people towards Pakistan. The prejudicial attitude of Federal governments compelled people to invoke the constitutional jurisdiction of Supreme Court as last resort to address their basic grievances.

Eventually, they knocked the doors of Supreme Court and the Supreme Court, for the first time, delivered a judgment in this regard in the year 1999. Whereby, the august Supreme Court recognized the fundamental rights of GB as citizens of Pakistan and directed the federation to initiate appropriate administrative/legislative measures, even federation was directed to make necessary constitutional enactments.

Eventually, they knocked the doors of Supreme Court and the Supreme Court, for the first time, delivered a judgment in this regard in the year 1999. Whereby, the august Supreme Court recognized the fundamental rights of GB as citizens of Pakistan and directed the federation to initiate appropriate administrative/legislative measures, even federation was directed to make necessary constitutional enactments.

Also on GBee: Watch Justice (R) Muzaffar Ali’s take on Supreme of Court Pakistan’s verdict on the Constitutional Rights of Gilgit-Baltistan

The Federal Government ignored the above cited judgment and continued “administrative orders” time and again. This worse situation was enough to awake Gbians to protest against. People raised strong protest resultantly, Nawaz government constituted a facts finding committee headed by Mr. Sartaj Aziz, the former foreign minister, to submit its recommendations about constitutional status of GB. The recommendations were submitted to the government but all in vein. The government instead again framed an executive order called The Government of Gilgit Baltistan Order 2018. The people lodged a strong protest against but it was imposed anyway.

When Pakistan Tehreek-e-Insaaf established Federal Government after the General Elections of 2018, the hopes of the people of Gilgit Baltistan were extended with an express impression, to table the point of “provisional provincial status” before the cabinet meeting in pursuance of recommendations made by Sartaj Aziz Committee.

The point was tabled twice before the cabinet meeting but turned down. Khan’s cabinet apparently surrendered before an effective protest launched by the AJK leaders and to cover this U-turn, the government introduced a new “Executive Order”. The Supreme Court attached the new order with the instant judgment calling it as “Proposed Order”.

Read: Interview with Afzal Shigri – Why do the people of Gilgit-Baltistan oppose GB Order 2018?

The “Proposed Order” attached with the instant judgment seems far better than that of previous orders, for its salient features i.e. (a) its preamble speaks about intention of federal government to make GB a “provisional province” till pending disposal of Kashmir issue. (b) It admits the new “order” to be a temporary arrangement till the time constitutional amendments are sought. Despite of above narrated good features in the order, it is again an executive one having discriminatory provisions contradictory to full fundamental rights which can be provided to the people of Gigit Baltistan under the constitution.

The petitioners almost in all petitions have assailed the vires of executive orders including the “Proposed Order” attached with judgment, with the plea that, the executive authorities including the president having no sanction of constitution to frame such orders as no article including article 157 of the constitution empowers them to frame and approve such orders in respect of Gilgit-Baltistan.

The bench while framing questions for their answer in the judgment, totally ignored this crucial issue to frame and to answer. Instead, the honorable bench went to rationalize the “Proposed Order” without going into its vires and constitutional sanction behind it. In my opinion, the honorable bench has exercised dictum of necessity once again to meet the prevailing situation rather go into the issue of vires of the order under articles of the constitution.  The honorable bench provided its auspices to it and bestowed with judicial imprimatur and permanence. The verdict in favor of “Proposed Order” would encourage the executive authorities to resile from their promise to bring a bill before the parliament in respect of a provisional province for Gilgit-Baltistan.

The advantageous aspect of the instant verdict is that, the Supreme Court categorically rejected the propaganda raised by the AJK political leadership holding that, quoted; “that is why we hold that the committee’s recommendations relating to the provision and enforcement of fundamental rights provided by the constitution must be implemented immediately and with full force and effect. As a matter of law as well as morality”. Unquoted, the supreme court is in full agreement with the recommendations made by the Sartaj Aziz committee and it transpires from the judgment, while reading paras 21, 22 and 23 that, a status of provisional province of GB pending disposal of the Kashmir issue is not fatal and injurious to the Kashmir issue, even after introducing amendments into the constitution.

Last but not least, the Supreme Court of Pakistan’s verdict has thrown the ball into the court of leadership in Gilgit-Baltistan who belong to national parties i.e. Pakistan Tehreek-e-Insaaf, Pakistan Peoples Party and Pakistan Muslim League. It is of their task, how they play their influence before their central leadership to motivate them to table a bill before the parliament and to seek amendments in the constitution to award a provisional provincial status to Gilgit-Baltistan.  

Justice Retired Muzaffar Ali has served as the former judge of the Supreme Appellate Court of Gilgit-Baltistan. After his retirement, he regularly writes about the legal aspects of the constitutional rights of Gilgit-Baltistan.

Hunza

Brigadier Inayat Hussain from Hunza promoted to the rank of Major General in Pakistan Army

Avatar

Published

on

Major General Inayat Hussain

Brigadier Inayat Hussain hailing from Ganish town of the central Hunza district has been promoted from the rank of Brigadier to Major General in Pakistan Army. He is the son of Colonel Retired Hadi Hussain.

The promotion board was held at General Headquarters in Rawalpindi which was presided over by Chief of Army Staff (COAS) General Qamar Javed Bajwa.

He is only the second army official from Hunza to be promoted on the rank of a Major General. Major General (Rtd.) Professor Salman Ali was the first army officer from Hunza to achieve this feat.

About 40 other Brigadiers were promoted to the rank of Major General during the promotion board held at GHQ, Rawalpindi.

Continue Reading

Blogs

Modi’s domineering bully scattered

Justice Retired Muzaffar Ali

Published

on

India, a regional power with a population of 1.3 billion, has always been an ambitious colossal poverty-stricken territory trying to dominate over smaller sovereign countries that share a boundary with the country. It has always wanted to be the godfather of the region and even violated settled formula agreed upon for partition of the subcontinent and occupied Jammu and Kashmir, against the will of majority Muslim population.

Muslims in the Indian Occupied Kashmir launched a Jihad since the day one of Indian aggression. Jawaharlal Nehru turned the early failures on India in Kashmir into a diplomatic play card and invoked UN interference with the following policy statement before the UN Security Council on 15 January 1948.

“Only to see peace restored in Kashmir and to ensure that the people of Kashmir are left free to decide in an orderly and peaceful manner the future of their State. We have no further interest, and we have agreed that a plebiscite in Kashmir might take place under international auspices after peace and order have been established.”

India, in fact, played a dirty trick even before UNO just to ease jihad in Kashmir and to gain time to strengthen her occupation over Kashmir and succeeded, because of the dubious character of permanent members of security council despite, India slapped them by denial of resolutions passed by the UN Security Council. The resolutions are consigned to rubbish heap in UNO.

India deceived UNO but failed to remove zeal of kashmiris till today to liberate their motherland. Kashmiris turned their struggle into protest to jolt international conscience, at least to play their role to force India to act upon UN resolutions.

Unfortunately, India facing no such force from outside world, as such
strengthening her forces in Kashmir, extending black laws. Indian army has been given free hand to curb peaceful protest of people. Atrocities of the Indian army are the order of the day in Kashmir instead of complying her pledge of the Kashmir plebiscite.

Pulwama: an unfortunate suicidal attack on Indian army happened in preceding month. One local desperate young man, who was subjugated to torture by Indian army in past, detonated himself to army vehicles, caused casualties. Modi did not waste even a moment to gather proofs but intoxicatingly blamed Pakistan and warned dire consequences, gave free hand to his army to retaliate.

In response, Imran Khan, the Prime Minister of Pakistan, showed a statesman spirit, offered India peace to prevail and asked to provide proofs of Modi’s blame to take action against any terrorist conspired by any nonstate actor in Pakistan. Khan cleared his policy against terrorism but at the same time, he voiced loudly to retaliate any armed adventure against Pakistan. On the next day, DG ISPR made a press conference.

He also reacted but in a sober manner as a supporter of peace, rebutted any involvement of Pakistan. Categorically, offered dialogue with India and also warned a surprising response if India launched any sort of military attack across.

Modi listened, peace offer and also any armed adventure from Pakistan side, with half an ear. Missed a chance of complete peace as he went into a frenzy of rage. He, in fact, wanted to turn the situation in his favor for coming elections by creating a war like situation with Pakistan. Indian army was also eager to show its unchallengeable force, therefore, Indian army also chose war instead of peace and army dashed an air attack crossing the international border.

Their aircrafts dropped payloads in a thick forest and ran in dark of night. The response by Pakistan was a nightmare for India. The brave air force of Pakistan not only achieved their targets inside India but also, bombed down two Indian aircrafts; one in Pakistan side and another in Indian side.

Arrested Indian pilot ejected from crashing aircraft after saving his life from angered mob of civilian gathered on the spot. The retaliation from Pakistan was a surprise for Modi and Indian army. They are still taken aback and have failed to come out of aftershock of the attack yet. Modi’s
fool’s paradise turned into doom his future.

Indian army also could not digest the adverse effects sustained in front of the world at large. World opinion turned against Modi’s policy of bringing the region and the world endanger of atomic war. While Mr. Khan appeared in the canvas of world as peace loving statesman, particularly, his act of releasing Indian arrested pilot without terms and conditions, proved him a sober statesman and friend of humanity.

Pakistan army also proved to be a professional army in the true sense as even being a fully capable army to response Indian threads, it, again and again, offered India to prevail peace in the region. Modi’s warmongering attitude again made Kashmir issue flashpoint before the international community, which has been forgotten by superpowers.

Continue Reading
Advertisement

Like us on Facebook

Advertisement

Trending