Monday, July 19, 2010

Gilgit-Baltistan part of Pakistan, declares court

Gilgit-Baltistan part of Pakistan, declares court

By Shahbbir Mir
July 09, 2010

The full bench of the Supreme Appellate Court Gilgit-Baltistan’s declared Gilgit-Baltistan a part of Pakistan on Thursday.

Headed by Justice Muhammad Nawaz Abbasi, the bench comprised Chief Judge Jaffer Shah and Justice Mohammad Yaqoob.

The court passed the historic judgment while hearing a petition filed by judicial officers of the lower judiciary requesting that the subordinate judiciary be upgraded.

“Gilgit-Baltistan by virtue of Article 1 [2] [d] of the Constitution of Pakistan for all intents and purposes is part of Pakistan, and with the system of self governance on the basis of a provincial setup has internal independence,” said the judgment, which was 91 pages long and was drafted by Justice Abbasi, a former judge of the Supreme Court of Pakistan.

The judgment also said the governor of G-B is a representative of the prime minister of Pakistan whereas the chief minister is the chief executive of the G-B government as established under the Empowerment and Self Governance Order 2009.

On the issue of service rules of the subordinate judiciary, the judgment said the chief court of G-B should frame these rules on the pattern of rules framed by high courts in the provinces with necessary modifications, and may frame judicial policy as per policy in the provinces.

The judgment also said the court may create a post for a senior civil judge in the judicial service in order to improve the lower judiciary.

Published in The Express Tribune, July 9th, 2010.

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