Promulgation of Gilgit-Baltistan self-governance Order 2009 challenged before S.Court

Promulgation of Gilgit-Baltistan self-governance Order 2009 challenged before S.Court

ISLAMABAD, Feb 04: A petition seeking declaration to ‘promulgation of Gilgit- Baltistan (empowerment and self-governance) Order 2009’ as ultra vires of the constitution was filed here in the Supreme Court on Thursday.

The petition was filed by one Shafqat Ali Khan, resident of Tehsil Panyal, District Ghizar under Article 184(3) of the Constitution through Muhammad Ikram Chaudhry advocate making the Federation of Pakistan as respondent.

It was contended in the petition that the order 2009 was in total negation of the rights of the citizens belonging to Gilgit and Baltistan and in disregard of the Constitution of Pakistan. “The order of 2009 gives a formula inconsistent with the constitution, thus it is liable to be cancelled and declared ultra-vires of the constitution”, the petition said.

It said the order of 2009 is even against the directions issued by the Supreme Court of Pakistan in 1999 SCMR 1379 etc and does not envisage an independent judiciary nor does it guarantee the fundamental rights to the petitioner and public at large as envisaged by the constitution and law.

It stated that the order 2009 being another executive order and not a constitution like the one in AJK (1947) has confused the status of Gilgit Baltistan further. Besides it is in negation of rights of Gilgit Baltistan citizens who liberated the same through enormous sacrifices and struggle from alien occupants and Dogras in 1947 and annexed by Pakistan, the petition said.

It said the order is discriminatory, a bad law, against the constitution and law of Pakistan and violation of the Supreme Court judgment on Northern Areas and commitment to one part i-e AJK citizens and denial to another.

The petition contends that the order indeed only shows that the federal government was in-charge and superintendent of the will of the people and the areas were governed through Executive Orders in contra-distinction to the position and the status enjoyed by the federating unit in Pakistan or AJK.

The order shows that another Supreme Appellate Court for the area having a disputed status unlike other independent provinces has been established which was against the constitution as amended upto date whereby no two Supreme Courts could be established, the petition said.

The petitioner prayed that his petition be accepted and it may be declared that the Gilgit- Baltistan (empowerment and self-governance) Order 2009 is without jurisdiction and corrum non judice being ultra vires of the constitution and the institutions created thereunder may also be declared as without legal effect.