Supreme Court (SC) has adjourned the hearing of petition filed against appointments
of retired judges in the superior judiciary of Gilgit Baltistan till
unidentified period. Meanwhile Attorney General for Pakistan Maulvi
Anwar-ul-Haq has said that SC has no jurisdiction to hear the petition.
A two-member bench of the apex court, comprising Chief Justice
Iftikhar Muhammad Chaudhry and Justice Khilji Arif Hussain heard a
constitutional petition filed in the Supreme Court on July 21,
challenging the appointments of retired judges in the superior judiciary
of Gilgit Baltistan.
Advocate Ikram Chaudhry appeared on the behalf of petitioner, the
Gilgit-Baltistan National Movement’s Chairman Dr. Ghulam Abbas.
Ikram Chaudhry contended that legislative Assembly of GB has
unanimously pass a resolution that appoi8ntment of theses judges in
higher judiciary is ultraviries of the constitution, adding that he is
not prepare to argue the case so court may adjourn the case. He said
that he would argue the case in detail.
Meanwhile the president Supreme court Bar Association of
Gilgit-Baltistan Malik Haq Nawaz appeared before the court and stated
that he want to become a party in this case, adding that he has filed a
miscellaneous application in this regard in concern office. He further
said that the appellate court has jurisdiction to hear the such kind of
cases.
Later, Apex court allowing the Ikram Chaudhry request adjourned the further hearing till indefinite period.
Later, Apex court allowing the Ikram Chaudhry request adjourned the further hearing till indefinite period.
Petitioner had prayed to declare that the appointments of retired
judges in the Gilgit Baltistan Supreme Appellate Court were illegal,
unconstitutional and against the fundamental rights of the people.
He demanded the apex court to declare provisions of Article 60(5),
(6) and (8) of Gilgit Baltistan Empowerment and Self Governance Order
2009 as being against the fundamental rights of the citizens of Gilgit
Baltistan and all norms of justice and principles laid down in law by
the Supreme Court of Pakistan.
Plea has been filed under Article 184(3) of the constitution, making
the federation through the law and justice secretary, Gilgit Baltistan
Council chairman, GB Legislative Council chairman, Ministry of Kashmir
and GB Division secretary and Gilgit Baltistan Legislative Assembly
speaker as respondents.
The petitioner submitted that the judges of the Supreme Court could
continue till the age of 65, adding that in Pakistan, no judge being
older than 65 years should continue as judge or be appointed as judge of
the Supreme Court. He noted that retired judges, being of an age
greater than 65 years, had been appointed in the Gilgit Baltistan
Supreme Appellate Court.
He contended that the judiciary in Gilgit-Baltistan was not
independent as the services of the judges of Supreme Appellate Court
were not secured under Article 60 of Gilgit Baltistan Empowerment and
Self Governance Order 2009, as the judges and chief judge of the Supreme
Appellate Court GB were being appointed for a period of three years
while the retiring age of the chief judge and judges of GB Chief Court
is 62 years.
The petitioner stated that the authority of appointment was with the
prime minister of Pakistan and the Gilgit-Baltistan governor. He said
that the consultation of Chief Justice of Pakistan with two senior
judges should be part of Article 60.
He requested the court to declare Articles 5, 6, 8 and 60 of proposed
law 2009 for Gilgit Baltistan as unconstitutional, as these articles
were against the fundamental rights of the people. SANA
