Written by: Farhan Ali Advocate
GB Chief Court
Information Secretary Insaf Lawyers Forum Gilgit Baltistan
The dilemma of Judicial crisis has been observing and facing by people of Pakistan in various contexts for past several years and removal of said issues remained a challenge for state till today. Although the judiciary being third pillar of state is vested with responsibility to maintain peace and harmony among all three pillars and entrusted with duties to dispensing justice but lacunae within it could not be filled including exhaustive procedures,rules and regulations .Likewise, the judicial crisis in shape of non appointment of Judges in Supreme Appellate Court of Gilgit Baltistan is prevailed within region for years ago which left the people frustrated and deprived of their fundamental rights to obtain legal remedies by resorting to the court against the decisions of subordinate Courts. That on account of non appointment of Judges in aforesaid Court, several appeals involving Civil, criminal and service matters of GB’s citizens are pending which caused them irreparable loss. The current ruling government and past governments of Gilgit Baltistan have not only remained reluctant to resolve this burning issue but they even did not endeavor in this connection despite availability of categoric provision in sub article 5 of Article 75 of the GB Order, 2018 which is hereby reproduced as ” The Chief Judge of Supreme Appellate Court shall be appointed bythe Prime Minister on the advice of the Governor and other Judges shall be appointed by the Chairman on the advice of Governor after seeking views of the Chief Judge.
Notwithstanding the presence of article as mentioned supra, non appointment of Judges in Apex court tantamounts to failure of ongoing ruling government to administer justice due to which it’s legal system in the region could not be executed in a wider term.
Although the Supreme Court of Pakistan while adjudicating constitutional petition moved by GB Bar Council pertaining to constitutional issues of GB in it’s judgement dated 17th of January,2019 passed by the lager bench headed by the then Chief Justice of Supreme Court of Pakistan Saqib Nisar had categorically incorporated in Article 81 of Gilgit Baltistan Governance Reforms,2019 wherein mechanism regarding appointment of judges was provided almost similar to appointment of judges of Supreme Court of Pakistan which is hereby reproduced as 81.
Appointment of Judges to the Supreme Appellate Court and
Chief Court, Gilgit-Baltistan.-
(1) There shall be a Judicial Commission of
Gilgit-Baltistan, hereinafter in this Article referred to as the Commission, forappointment of Judges of the Supreme Appellate Court and Chief Court as
hereinafter provided.
(2) For appointment of Judges of the Supreme Appellate Court, the
Commission shall consist of-
i.
Chief Judge, Supreme Appellate Court;
Chairman
ii.
Secretary Kashmir Affairs & Gilgit-Baltistan
Member
iii.
One most senior Judge of the Supreme Appellate Court;
Member
iv.
One former Judge of the Supreme Court of Pakistan to be
nominated by the Chief Justice of Pakistan for a terms of
two years
Member
v.
Minister for Law, Govt. of Gilgit-Baltistan;
Member
vi.
Chief Secretary, Gilgit-Baltistan; and
Member
vii.
A Senior Advocate of the Supreme Appellate Court of Gilgit-
Baltistan nominated by the Bar Council for a term of two
years.
Member
viii. Joint Secretary, Gilgit-Baltistan Council
Secretary
(3) On recommendation of the Commission, the Gilgit-Baltistan
Council shall move a summary to the Chairman Gilgit-Baltistan Council for
approval of the appointment of Judge, Supreme Appellate Court;
(4) Notwithstanding anything contained in clause (1), clause (2) or
clause (3), the Chief Judge of the Supreme Appellate Court shall be appointed by
the above Commission. However, the Secretary, Kashmir Affairs and Gilgit-
Baltistan shall replace the Chairmanship of Commission.
(5) The Commission may make rules regulating its procedure.
(6) For appointment of Judges of the Chief Court, Gilgit-Baltistan the
Commission shall in clause (2) shall also include the following, namely:-
i.
Chief Judge, Chief Court;
Member
ii.
One most senior Judge of the Chief Court;
Member
iii.
A Senior Advocate of the Chief Court of Gilgit-
Baltistan nominated by the concerned Bar Council For a term of two years.
Provided that for appointment of the Chief Judge of the Chief Court, the
most Senior Judge mentioned in paragraph (ii) shall not be member of the
commission.
while the appointments of Judges of Supreme Court of Pakistan is made under article 175-A of Constitution of Islamic republic of Pakistan 1973 which is hereby reproduced as under [175A.(1) There shall be a Judicial Commission of Pakistan,hereinafter in this Article referred to as the Commission, for appointmentof Judges of the Supreme Court, High Courts and the Federal Shariat Court, as hereinafter provided
For appointment of Judges of the Supreme Court, the
Commission shall consist of—
(i)
Chief Justice of Pakistan;
Chairman
(ii)
1[four] most senior Judges of the Supreme
Members
Court;
(iii)
a former Chief Justice or a former Judge
Member
of the Supreme Court of Pakistan to be
nominated by the Chief Justice of
Pakistan, in consultation with the 5[four]
member Judges, for a term of two years;
(iv)
Federal Minister for Law and Justice;
Member
(v)
Attorney-General for Pakistan; and
Member
(vi)
a Senior Advocate of the Supreme Court
Member
of Pakistan nominated by the Pakistan
Bar Council for a term of two years.
(3)
Notwithstanding anything contained in clause (1) or clause
(2), the President shall appoint the most senior Judge of the Supreme
Court as the Chief Justice of Pakistan.
(4) The Commission may make rules regulating its procedure.It is hereby imperative to mention the hurdles & obstacles behind non appointments of Judges in Supreme Appellate Court GB is non implementation of aforesaid Gilgit Baltistan Governance reforms, 2019 due to review petition filed by then ruling government of Gilgit Baltistan (PMLN) which created ambiguity regarding the implemntation of GB Order 2018 in Gilgit Baltistan in it’s true letter and spirit likewise, the stay order granted in petition filed by the Chief Minister of subsequent ruling government (PTI) contending the violation of Article 34 of GB Order, 2018 requiring the Governor to move summary of judges after taking advice from Cabinet of Chief Minister GB also proved to be a barrier in appointing Judges. Eventually, after continuous efforts of GB Bar Council, High Court Bar Association GB and all District Bar Associations of Gilgit Baltistan in connection of appointments of Judges in Supreme Appellate Court GB the matter resolved on 11th April,2025 as a five-member constitutional bench of the apex court, headed by Justice Amin-ud-Din Khan, heard the matter of the appointment of judges in Gilgit-Baltistan judiciary and vacated the stay order on judicial appointments in Gilgit-Baltistan (GB). After lifting stay over aforementioned appointments, the people of Gilgit Baltistan besides expressing gratitude are looking forward towards competent authorities as enshrined in GB Order,2018 to appoint Judges in Supreme Appellate Court Gilgit Baltistan irrepective of caste, sect and region.
