Daily Times

ISLAMABAD: The Supreme Court on Wednesday appointed two counsel as amicus curiae for determining the legal and constitutional status of Gilgit-Baltistan (GB), jurisdiction of GB’s Supreme Appellate Court.

Barrister Aitzaz Ahsan and Khawaja Haris Ahmed will assist the court in this regard.

The top court, however, asked the government to submit its comments over the legal status of GB.

A two-member bench headed by Justice Saqib Nisar took up six different petitions filed by Supreme Appellate Court Bar Association General Secretary Muhammad Iqbal through his counsel Rai Mohammad Nawaz Kharal, vice chairman Gilgit Baltistan Bar Council, Shaheen Air International and others.

During the course of hearing, the bench also hinted to appoint a larger bench to hear the matter in view of importance of the issues raised in the petitions.

Justice Nisar observed that these legal issues would be heard with patience and determination, adding that firstly questions will be framed and then larger bench could be constituted for adjudication.

He questioned Attorney General of Pakistan (AGP) Ashtar Ausaf Ali whether the GB appellate court could pass order to any department, which is situated in Pakistan.

To which, the AGP requested the court to grant him time for seeking instructions from the government in this regard.

Haris said the matter is important in its nature and any upcoming judgement over it will have far-reaching implications on national and international level.

Aitzaz Ahsan said the issue is not only important but it is also sensitive in nature as GB is not part of Pakistan under Article 1 of the constitution while GB Empowerment Self Governance Ordinance 2009 is also perplexed.

He added that the legal status of the ordinance is also in question as it was issued through a presidential order, however, Article 184 is also applicable in the areas of GB; therefore, the court can pass any direct order.

One of the counsel Nawaz Kharal pleaded to declare Statutory Regulatory Order (SRO) No. 786 (1) of Sept 9, 2009 GB Empowerment and Self Governance Ordinance 2009 unlawful which is contrary to the May 1999 Supreme Court judgement in the Al-jihad Trust case.

Recalling the 1999 verdict which had held the two million people of GB as the citizens of Pakistan, the counsel highlighted that the judgement had ordered the government to make proper administrative and legislative measures ensuring the GBians to enjoy their rights as guaranteed in the constitution.

But the government has failed to comply with the 1999 judgement though after a decade SRO 786 (1) of 2009 was issued by KANA during the PPP tenure. The same SRO was later amended to appoint the minister as the governor of GB.