Status, authority and powers of GB: Centre seeks time for implementing SC verdict

The federal government on Thursday again sought time for the implementation of the apex court judgment on Proposed Order pertaining to the status, authority and powers of Gilgit-Baltistan (GB) and the rights available to its people.

The additional attorney general informed the Supreme Court that the matter related to constitutional status of Gilgit Baltistan is pending before the Standing Committee on Defense. He said the federal government requires further time to deliberate upon this issue of national importance.

Heading a seven-member larger bench, Justice Gulzar Ahmed said the court has passed its decision and now it is up to the federal government how to tackle the matter. The bench was hearing the case related to implementation of the apex court judgment.

"Timeframe prescribed in the January 17, 2019 judgment may kindly be further extended," said the application filed by Ministry of Kashmir Affairs and Gilgit-Baltistan.

The apex court in its judgment on January 17, 2019 had directed the federal government to promulgate the proposed Order forthwith or within fortnight.

The apex court in its judgment on January 17, 2019 had directed the federal government to promulgate the proposed Order forthwith or within fortnight.

"The Proposed Order (modified in the manner as noted in the judgment), shall be forthwith promulgated by the President on the advice of the federal government, and in any case within a fortnight."

"No amendment shall be made to the order as so promulgated except in terms of the procedure provided in Article 124 of the same, nor shall it be repealed or substituted without the instrument amending, repealing or substituting the same being placed before this Court by the federal through an application that will be treated as a petition under Article 184(3) of Constitution. Nothing in this judgment shall be construed to limit the jurisdiction conferred on this court by the Proposed Order itself,"

"If the Order so promulgated is repealed or substituted by an Act of parliament the validity thereof, it challenged, shall be examined on the touchstone of Constitution."

The verdict stated that the human rights jurisprudence of this court had served, and would continue to serve, as the sheet anchor of the liberties and rights of all the people, and Gilgit-Baltistan was no exception. The case was adjourned sine die.

Copyright Business Recorder, 2019