Gilgit-Baltistan Assembly (GBA) has passed a resolution regarding the appointment of judges in the regional Supreme Appellate Court. According to details, Member regional Assembly AmjadHussain Advocate has presented a resolution pertaining to appointment of two judges in the regional top court, where-in it was contended that due to preventing orders given by the Supreme Court of Pakistan, judges in the regional court could not be appointed and summary was pending with the Prime Minister Secretariat, it was contended there-in that preventing orders may be withdrawn and government may be allowed to appoint the judges so that the strength of judges could be completed in order to ensure the provision of justice to the litigant public. Members present in the regional Assembly except the Assembly Member Nawaz Khan Naji and ObaidullahBaig have opposed the said resolution, where-as other members have supported the resolution, which was passed accordingly. Earlier, Supreme Court of Pakistan had issued injunctive orders regarding the appointment of judges in the superior courts of the region on the petition filed by the Ex-Chief Minister of the area Khalid Khurshid, due to which the Apex Court of the region was being functioning with the single judge i.e Chief Judge of Gilgit-Baltistan.
Regional top court was functioning under the provision of Article 75 of the “Government of Gilgit-Baltistan Order-2018” and method of appointment of judges in the said court was provided there-in, according to Article 75 of Order-2018, Prime Minister of Pakistan was the competent authority to appoint the Chief Judge of Supreme Appellate Court on the advice of the Governor Gilgit-Baltistan, where-as two other judges of the Supreme Appellate Court are required to appointed by the Prime Minister of Pakistan after seeking views from the Chief Judge of the region on the advice of the Governor Gilgit-Baltistan. It is pertinent to mention here that method of appointment of judges of the superior courts of the area was replaced in 2019 when the Apex Court of Pakistan had delivered a judgment on 17th January 2019 regarding the provision of fundamental rights to the people of Gilgit-Baltistan and Supreme Court of Pakistan had appended an order with the said judgment (to be known as Order-2019) and had direct the federal government to promulgate the Order-2019 with-in two weeks, but the federal government had not yet implement the said order despite of the fact that judgment of the Supreme Court of Pakistan is in filed and has the binding effect of law. When the Federal government had appointed the Chief Judge of the regional top court on 4th November 2022 on the advice of G-B Governor and some other judges in the G-B Chief Court under Order-2018, Ex-Chief Minister of the region Khalid Khurshid had filed a constitutional petition ( i.e no. 35/2022) with the plea that judges of the regions superior courts may not be appointed with-out the consultation/advice of the Chief Minister and Governor of the region was legally bound to act on the advice of the Governor in terms of Article 34 of the Order-2018 and a bench of the Supreme Court of Pakistan had issued injunctive orders on 1st March 2023 that no further appointment be made in the regional courts till the further orders an later on, the case was referred to the larger bench of Supreme Court of Pakistan for adjuration of the matter. In the meanwhile, the full bench of the Supreme Court of Pakistan had up-held the Supreme Court Practice and Procedure Act-2023 and according to said law, the benches are required to be constituted by a committee constituted there-under and finally the case was come-up for hearing on 15th February 2024 before a three member bench of Supreme Court and it was once again referred the matter to be placed before the committee for constitution of larger bench to hear the case and same was not yet fixed. Now the G-B Assembly has passed a resolution, where-in it was contended that the judges of the regional top court may be appointed in order to ensure the provision of justice to the people of the area and Supreme Court of Pakistan was requested to withdraw the injunctive orders issued earlier and govenrment may be allowed to appoint the judges.
We may expect that federal government would take necessary steps for appointment of judges in the superior courts of the region by filing an application before the Apex Court of the country for early hearing of the matter………END
