ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Gulzar Ahmed on Tuesday said that the citizens of Gilgit-Baltistan (GB) should get the rights equal to Pakistanis.

A seven-judge bench of the Supreme Court (SC) led by the chief justice took up federal government’s plea seeking amendments in Government of GB Order, 2018, to conduct the upcoming general elections by adopting the Election Act, 2017, as well as setting up of the caretaker government during the interregnum period. The five-year term of the present government of GB is due to expire in the last week of June and the next general election in the area will take place within 60 days.

“We do not understand why the people of GB cannot enjoy similar protection as guaranteed by the constitution of Pakistan when they are totally connected with Pakistan as they carry same passport and use the same currency,” the chief justice said.

Attorney General for Pakistan (AGP) Khalid Jawed Khan however assured the apex court that in view of the changed scenario especially against the backdrop of the Indian Occupied Kashmir (IOK), the federal government’s intention was to ensure all rights to the citizens of GB who have always stood with Pakistan.

During the hearing, the apex court issued notice to GB advocate general for Thursday when it was told that the advocate general could not make it and was stuck at the airport.

Justice Umar Ata Bandial recalled how the SC had determined the status and rights of the people of GB in the Al-Jehad Trust case two decades ago in which the federal government was directed to give them the status of the citizens of Pakistan.

In the changed international circumstances, the governance in the GB should be so perfect and excellent which should inculcate confidence among the people even across the border, Justice Bandial observed, adding that GB signifies an important part but for some political as well as international reasons, it has not been made part of the structure we have.

Justice Bandial emphasised upon AG to share with the apex court if any interest was blocking the initiative taken by the court in the interest of the people of GB.

The ground realities, Justice Ijazul Ahsan observed, demand that the people of GB should be given all rights like Pakistanis by assuring them complete independence of judiciary, enforcement of the fundamental rights as well as replicating the legislative powers to the GB Assembly.

“But what is preventing the government from taking these steps?” Justice Ahsan wondered, adding that the federal government should have taken all these measures by now like it used to do earlier through the presidential orders. Issues like these are political and strategic and therefore the government is in the best position to decide on these matters, he observed.

Although the apex court, in its decision on January 17, 2019, had directed the federal government to implement GB Reforms, 2019, but the federal government had sought twice from the court for implementing its verdict which asked for the rights of the citizens of the GB. Under the judgment. the federal government is required to enact the GB Governance Reforms, 2019, by tabling a bill before the parliament for bringing necessary amendments.

In the fresh application, the federal government has pleaded before the apex court that it would be in the interest of justice that till the promulgation of the proposed reforms in GB, the federal government may be allowed to make necessary amendments in the government of GB Order, 2018, for the caretaker government and the conduct of elections for the GB Assembly.

Permission was also sought to adapt the Election Act, 2017, Rules/Regulations thereunder and to do all that is necessary to continue democratic electoral process in the area.

The application explained that while different options for meeting the desire of the people of GB were being carefully examined by the government and discussed with the stakeholders which, however, require deliberations at greater length.

While this may take some time given the prevailing coronavirus situation, the term of present GB government is due to expire in June, hence there is urgency to provide legal mechanism and to provide for holding of elections including setting up of the caretaker government.

The application said that the elections in GB were not clearly enumerated in the Government of Gilgit-Baltistan Order, 2018, or in the Gilgit-Baltistan Reforms, 2019, which needs to be rectified.

The federal government contented non-adoption of the Election Act, 2017, and Election Rules, 2017, in GB may delay the preparation of the fresh computerised electoral rolls and the election process of GB assembly. The application said that there was no provision in GB Order, 2018, for the appointment mechanism of the caretaker government, which is against the spirit of transparency and also the constitution of Pakistan.

 

Source : https://www.pakistantoday.com.pk/2020/04/28/gb-citizens-get-rights-equal-pakistanis-cjp/