Kazakhstan and Pakistan Mining Investment in Gilgit Baltistan: A Legal and Strategic Explainer Dr Shabir Choudhry, February 2026, London.

 Kazakhstan and Pakistan Mining Investment in Gilgit Baltistan: A Legal and Strategic Explainer

Dr Shabir Choudhry, February 2026, London.

What is being proposed?

·       A Kazakh company, Elaman Group, has announced an initial investment of approximately USD 20 million in placer gold mining in Gilgit-Baltistan (GB).

 

·       The proposal emerged following high-level Pakistan–Kazakhstan diplomatic engagements and meetings with Pakistan’s Board of Investment.

• The project is presented as a commercial mining venture, with the possibility of future expansion.

Why is this not just a commercial deal?

This investment raises constitutional, legal, and international implications, primarily because:

·       Gilgit-Baltistan is legally and constitutionally part of the erstwhile state of Jammu and Kashmir, and not a province under Pakistan’s 1973 Constitution.

 

·       Its governance is based on executive orders and subordinate legislation, and not full constitutional incorporation.

 

·       Mining agreements in such territories carry higher legal and political risk, both domestically and internationally.

Who controls mineral resources under Pakistan’s legal framework?

• Under Article 142 of the Constitution, legislative authority over hard minerals (gold, copper, gemstones) ordinarily rests with provinces.

 

• Oil and gas are jointly owned by the federation and provinces under Article 172(3), but hard minerals are not.

Gilgit-Baltistan’s position is legally distinct:

It is governed under the Gilgit-Baltistan Order 2018.

·       Local mining activity is regulated under the Gilgit-Baltistan Mining Concession Rules 2016, derived from the 1948 Mining Act.

 

·       Laws passed by the Pakistani Parliament do not automatically apply to Gilgit Baltistan unless formally adopted by the GB government.

 

·       Even when the GB Government formally adopt any law passed by Pakistan, it is not legal because the Assembly is just a puppet and does not have a legal or moral value.

What role does the federal government play?

What Pakistan can do:

• Facilitate foreign investment via:
• Board of Investment
• Ministry of Foreign Affairs
• Ministry of Commerce
• State Bank of Pakistan

Sign bilateral investment treaties (BITs).

Provide access to international arbitration frameworks such as ICSID, which is a World Bank–affiliated international arbitration body created in 1966 to resolve disputes between foreign investors and states.

Its full name is the International Centre for Settlement of Investment Disputes, which was established under the ICSID Convention (1965). Its Headquarters is in Washington, D.C, and Pakistan is a signatory member.

However:

·       Licensing, royalties, leases, environmental approvals, and local benefits are administratively tied to GB authorities.

 

·       Any ambiguity between federal facilitation and local jurisdiction creates legal vulnerability.

Why does Gilgit-Baltistan’s disputed status matter?

·       Gilgit-Baltistan is internationally linked to the unresolved Jammu and Kashmir dispute.

 

·       Long-term mineral concessions without safeguards may:

• Be challenged internationally,
• Create complications in arbitration,
• Undermine Pakistan’s stated legal position on Kashmir.
• Best practice requires inclusion of a Non-Prejudicial Clause, clarifying that:
• The investment is administrative and economic,
• It does not affect the final constitutional or international status of the territory.

Key legal risks if clarity is not ensured

• Unclear ownership of minerals
• Ambiguous revenue-sharing formulas
• Disputes over royalties and taxation
• Environmental litigation
• International arbitration exposure
• Local resistance due to a lack of consultation or benefit-sharing

Comparison with the Reko Diq Case: Lessons Unlearned?

What happened at Reko Diq?

• A mining agreement was signed without sufficient legal coherence between:
• Federal authorities
• Provincial (Balochistan) jurisdiction

Pakistan faced ICSID arbitration.

• The result was:
• A multi-billion-dollar damages award,
• Years of litigation,
• Severe reputational and financial cost.

Key similarities with the Gilgit-Baltistan case

• Foreign investor protection under BITs
• Strategic mineral resources
• Complex centre–local jurisdiction issues
• Weak early-stage legal structuring
• Potential exposure to international arbitration

Key differences

• Balochistan is a constitutional province; Gilgit-Baltistan is not.
• GB’s legal position is more fragile, not less.
• Any adverse ruling involving GB may have:
• Wider international implications,
• Kashmir-related political consequences.

Core lesson from Reko Diq

The problem was not foreign investment — it was legal incoherence, institutional conflict, and premature commitments.

If similar mistakes are repeated in Gilgit-Baltistan:

• The legal consequences could be more severe,
• The political fallout could be broader,
• And the space for corrective action could be narrower.

What should be done before finalising any agreement?

Develop a bespoke Mineral Legal Framework for Gilgit-Baltistan.

Ensure:

·       Clear ownership rules

·       Transparent royalty and revenue-sharing

·       Local employment guarantees

·       Environmental safeguards

·       Technology transfer clauses

·       Explicit dispute-resolution mechanisms

·       A Non-Prejudicial Clause on Territorial Status

·       Secure formal adoption by the GB legislative assembly

• Only then proceed with long-term international contracts

Conclusion

Foreign investment in Gilgit-Baltistan’s mineral sector is not inherently problematic, but the legal ambiguity is.

Without coherence between:

• Islamabad government facilitation,
• GB government,
• Constitutional limitations,
• And international obligations,

Even well-intentioned investments risk becoming future liabilities — as Pakistan has already learned the hard way. END.

When Judicial Courage Became a Career-Ending Offence

 

When Judicial Courage Became a Career-Ending Offence

 

Military rule in Pakistan did not rely solely on suspending the constitution or issuing Provisional Constitutional Orders. It also relied on demonstrative punishment — carefully chosen examples meant to signal to institutions where the real limits of independence lay. The judiciary, in particular, was disciplined not through mass purges alone, but through selective humiliation, sidelining, and replacement. An episode from the early Zia period illustrates this logic with unusual clarity.

 

An Episode from the Zia Era: Judicial Independence and Its Price

 

In September 1977, following the arrest of former Prime Minister Zulfikar Ali Bhutto, lawyers of the Pakistan Peoples Party filed a bail application before the Lahore High Court. Not a single judge was willing to hear the case. The fear of displeasing General Zia-ul-Haq had paralysed the bench.

 

Justice K.M.A. Samdani, then the senior-most judge of the Lahore High Court and the expected next Chief Justice, agreed to hear the matter. Despite intense pressure, he granted Bhutto bail in the case relating to the murder of Ahmed Raza Kasuri. Bhutto was released — only to be rearrested by the military three days later.

 

The decision angered General Zia-ul-Haq. Justice Samdani was removed from the High Court and reassigned as Federal Law Secretary, bypassing him for the position of Chief Justice. Instead, Justice Maulvi Mushtaq was appointed.

 

Shortly thereafter, during a meeting of federal secretaries, General Zia reportedly warned the participants that if they did not “behave,” he would “strip them of their trousers.” While the civilian bureaucrats remained silent, Justice Samdani responded by asking how many generals the dictator had stripped in the same manner, adding that if the generals were subjected to such treatment first, the civilians would comply voluntarily.

 

The meeting ended abruptly. Later, when General Zia demanded an apology, Justice Samdani agreed — but only if he were allowed to repeat his words publicly in another meeting. No such meeting was convened.

 

In 1981, when judges were required to take an oath under the Provisional Constitutional Order (PCO), Justice Samdani refused. He returned home instead.

 

History remembers Justice K.M.A. Samdani not because such judges were common, but because they were rare.

 

The significance of this episode lies not in the personal courage of one judge, but in the institutional lesson it conveyed. Justice Samdani’s removal was not an aberration; it was a message. Judicial independence was permitted only so long as it did not obstruct the political objectives of the ruling elite. Those who complied advanced; those who resisted were marginalised, regardless of seniority or competence. The subsequent enforcement of the PCO merely formalised what had already been demonstrated in practice: that constitutional authority flowed upward from power, not downward from law.

This is not just a colourful story about General Zia’s arrogance. This revealing episode from the Zia period illustrates how judicial independence was actively punished rather than passively eroded. It demonstrates:

• How judicial independence was punished, not merely ignored
• How personal courage in judges was systematically neutralised
• How the judiciary was re-engineered through fear, inducement, and procedural manipulation
• How the PCO mechanism functioned as a loyalty filter
• How military rule did not merely override courts — it disciplined them

Justice K.M.A. Samdani is not the hero here in a romantic sense; he is evidence of:

What happens to judges who refuse to internalise authoritarian discipline?

 

--

Dr Shabir Choudhry

 Prophet Mohammed (PBUH) said: "Say what is true, although it may be bitter and displeasing to people."

I Saw a Father Crying Dr Shabir Choudhry,

 I Saw a Father Crying

Dr Shabir Choudhry, February, London

I saw a father crying. Seeing him in tears brought tears to my own eyes. A man usually cries in private. He only cries in front of others when he is completely broken—when his heart is deeply wounded. This man was known to be brave, steadfast, and self-sacrificing. He was someone who gave others courage and faced challenges head-on. Yet today, he stood helpless.

Whether as a result of coercion or love and affection, once a man and a woman enter into marriage, they become husband and wife. This relationship does not remain confined to just two individuals; it becomes a bond between two families. And every family has its own traditions, interests, and internal politics. More often than not, it is the husband who becomes the “chutney” crushed between these forces.

Without considering the status or circumstances the bride had in her parents’ home, she often wants to rule her in-laws’ house like a sovereign—and treats her husband accordingly, as if God created Eve from Adam’s rib so that she could govern the world.

But the house she wishes to rule already has a ruler: the mother-in-law. Alongside her are “governors” in the form of sisters-in-law, and in some households, one or two “commanders” in the form of elder brothers’ wives. The result is a four-sided war.

And in this war, it is the man who becomes the target of hardship and injustice. Of course, this does not happen in every household.

Whether the husband’s income increases or not, God’s blessings descend upon the home every year in the form of children. The poor husband must work even harder to meet the rising expenses. Ironically, control of the household rests with the wife. She spends more time with the children, loves them, and repeatedly tells them—without fail—whatever suits her narrative, so the children grow up believing that only she loves them and makes sacrifices, while everyone else is merely pretending.

The husband, meanwhile, spends most of his time outside the home trying to meet financial responsibilities. He endures humiliation, criticism, and scolding from countless people. When he finally returns home, the atmosphere resembles a war zone. There is hardly any time left to show affection to his children. Sometimes, when he comes home, the children are already asleep.

Religious leaders constantly frighten people in the name of God. Rarely do they say, “Love God,” although He has bestowed countless blessings and loves His creation more than seventy mothers.

Similarly, when children make mistakes, they are frightened: “Be grateful your father isn’t home—otherwise disaster would strike.” This creates a negative image of the father. In the innocent minds of children, the father becomes someone to be feared, not loved. When he does come home, the children become frightened upon seeing him, sometimes even wishing he would leave again.

A father does not express love the way a mother does—but it must be remembered that he, too, loves his children deeply.

Children grow up in this environment. They do not learn to love what they once feared; only the fear gradually fades. The mother remains close to the children, while the father—despite a lifetime of hard work—fails to earn anyone’s affection. Children may contact their mother countless times a day, while the father waits for a phone call and eventually departs from this world in silence.

It must be noted again: this does not happen in every household.

 

Sūrah al Qadr The Night That Changed Human History (97). An Analytical and Spiritual Study by Dr Shabir Choudhry

  Sūrah al Qadr The Night That Changed Human History (97)

An Analytical and Spiritual Study by Dr Shabir Choudhry

 

Translation

 

1. Indeed, We sent it (the Qur’ān) down during the Night of Power.

2. And what will make you understand what the Night of Power is?

3. The Night of Power is better than a thousand months.

4. The angels and the Spirit descend therein, by the permission of their Lord, with every decree.

5. Peace it is — until the rising of the dawn.

 

Historical Context (Asbāb al-Nuzūl)

 

Sūrah al-Qadr commemorates the most transformative moment in history:

 

The first revelation of the Qur’ān to the Prophet Muhammad ﷺ.

 

This occurred:

•  In the Cave of Ḥirā’

•  During the month of Ramaḍān

•  On an unknown night later described as Laylat al-Qadr

This night marks the beginning of:

•  Guidance after misguidance,

•  Moral clarity after confusion,

•  A new civilisation rising from a desert society.

The surah emphasises:

This revelation was not an ordinary event — it was a cosmic intervention.

 

Verse-by-Verse Analysis

 

Verse 1 — “Indeed, We sent it down during the Night of Power.”

 

The Qur’ān uses the Arabic “anzalnāhu” — “We sent it down all at once.”

 

Scholars explain this in two layers:

1.  The Qur’ān descended as a whole from the Preserved Tablet (al-Lawḥ al-Maḥfūẓ) to the lowest heaven.

2.  From there, it was revealed gradually over 23 years to the Prophet ﷺ.

This night marks the beginning of:

•  A new era of knowledge,

•  A new world order,

•  A new moral horizon for humanity.

The phrase “Laylat al-Qadr” carries multiple meanings:

•  The Night of Power

•  The Night of Destiny

•  The Night of Decree

•  The Night of Value / Honour

It is the night when history turns.

 

Verse 2 — “And what will make you understand what the Night of Power is?”

 

The Qur’ān uses this rhetorical question to show:

•  Human intellect alone cannot grasp its magnitude

•  the event is beyond worldly categories

•  divine revelation brings meanings unavailable through reason alone

 

This verse builds awe — the night’s status is extraordinary.

 

Verse 3 — “The Night of Power is better than a thousand months.”

 

A thousand month equals:

•  83 years and 4 months

•  a full human lifetime in pre-modern Arabia

But “better” (khayr) means:

•  A greater opportunity

•  A higher spiritual value

•  Blessings beyond calculation

•  Multiplied rewards

It is not equal to a thousand months —

It surpasses them.

This verse emphasises quality over quantity:

One night of sincerity can outweigh a lifetime of ritual without consciousness.

 

Verse 4 — “The angels and the Spirit descend therein…”

 

This is one of the most mystical descriptions in the Qur’ān.

 

The angels descend in waves

 

·   Filling the earth with mercy.

·   “al-Rūḥ” refers to:

•  The Angel Jibrīl (most commentators),

•  Or the divine command,

•  Or the essence of life.

The descent signifies:

•  Renewal

•  Purification

•  Restoration of hope

•  Transformation of destiny

This night reconnects heaven and earth.

 

Verse 5 — “Peace it is — until the rising of the dawn.”

 

The surah ends with the word “Salām”:

•  Peace from sin,

•  Peace from fear,

•  Peace from divine punishment,

•  Peace for the sincere believer.

The entire night — from sunset to dawn — becomes a field of peace.

This is the only night in the year where:

•  The forces of mercy dominate completely

•  Evil is subdued

•  The soul can ascend easily

•  Forgiveness flows continuously

•  Destinies are written

•  Prayers are accepted

•  Hearts are healed

It is the most spiritually charged night in the Islamic calendar.

 

Theological and Philosophical Themes

 

1. Revelation as the foundation of civilisation

 

The surah reminds us:

•  Moral progress does not arise from wealth or weapons.

•  It begins with ideas, guidance, and knowledge.

Islamic civilisation began not with:

•  Armies,

•  Kingdoms,

•  Or conquests,

But with a night of reflection in a cave.

 

2. Human destiny is transformable

 

“Al-Qadr” also means destiny.

 

This surah teaches:

•  Individuals can transform their lives.

•  Nations can change their trajectory.

•  Societies can rewrite their futures.

 

Nothing is fixed except God’s ultimate justice.

 

3. The night belongs to the sincere

 

There is a profound democratic message:

 

Laylat al-Qadr is not reserved for:

•  Scholars

•  Leaders

•  Spiritual elites

It is equally available to:

•  The weak

•  The poor

•  The oppressed

•  The sinner seeking forgiveness

•  The ordinary believer

In the sight of God, the heart defines value — not social rank.

 

4. Divine assistance arrives in moments of crisis

 

The Qur’ān’s first light emerged:

•  When Arabia was morally collapsing

•  When the weak were crushed

• When justice was broken

•  When idols dominated society

•  When humanity needed guidance

This teaches:

Whenever society approaches darkness:

A new light emerges.

 

Relevance for Today

 

Sūrah al-Qadr is not about history alone — it speaks to modern struggles:

 

1. For people living under oppression

 

It reminds them:

•  Despair is not permanent

•  God’s help can descend at any moment

•  A single night can change the destiny of nations

2. For societies drowning in conflict

 

The surah teaches:

 

Real change begins with a shift in moral consciousness — not military power.

 

3. For the Muslim world’s crisis of knowledge

 

The night of Qadr began with the command:

 

Read.

 

Therefore:

•  Ignorance is not piety

•  Superstition is not spirituality

•  Extremism is not devotion

•  Oppression is not Islam

4. For individuals facing personal crises

 

One moment of sincerity can:

•  Rewrite destiny

•  Erase a lifetime of sins

• Open new spiritual horizons

 

Conclusion

 

Sūrah al-Qadr celebrates the most significant night in human history,

the night that transformed the world.

 

It is a declaration that:

•  Guidance is a divine gift

•  Destiny can change

•  angels walk among humanity

•  peace is possible

•  and light always defeats darkness

The surah is an invitation to discover the power of one moment, one prayer, one night of sincerity.

A new world began on Laylat al-Qadr, and each year, the opportunity returns. END.