GBLA polls: Court seeks comments from federal govt

Ministries of law, Kashmir affairs and cabinet division asked to submit response in 15 days.


Our Correspondent June 05, 2015
The petition was filed by All Pakistan Muslim League (APML) chief coordinator Ahmed Raza Khan Kasuri on Thursday requesting the court to declare the notification for holding the elections unlawful. PHOTO: IHC WEBSITE

ISLAMABAD: The Islamabad High Court (IHC) on Friday issued notices to two federal ministries on a petition seeking suspension of elections for Gilgit-Baltistan Legislative Assembly (GBLA).

Justice Athar Minallah of the IHC directed the ministries of law, Kashmir Affairs and Gilgit-Baltistan as well as the cabinet division to submit their comments in 15 days.

The petition was filed by All Pakistan Muslim League (APML) chief coordinator Ahmed Raza Khan Kasuri on Thursday requesting the court to declare the notification for holding the elections unlawful. The elections are scheduled to be held on June 8.

On Friday, he maintained that the notification issued under the provision of impugned statutory regulatory order (SROs) and executive orders were violation of the Supreme Court orders.

The government has no constitutional and legal authority to issue any such executive orders, adopt and enforce the ordinary and special laws in Gilgit-Baltistan (GB), appoint chief minister, chief election commissioner and rule the people of the area in the colonial way, he contended.

Kasuri claimed that the ‘people of the mountain region want their territory be integrated with Pakistan as fifth province.

Ministry of Kashmir Affairs is ruling the two million people of G-B in a colonial way by violating the fundamental rights,” the petition read.

“It is in derogation of and contrary to the inviolable fundamental rights as guaranteed in the constitution as well as the judgment of the Supreme Court. The respondents are acting illegally, improperly and without any lawful authority,” he contended.

The apex court had ruled on May 28, 1999 that the people of G-B are the citizens of Pakistan for all intents and purposes and like other citizens have the right to invoke any of the fundamental rights enshrined in the constitution.

They were entitled to participate in the governance of their area, have an independent judiciary and fundamental rights under the constitution and not under any impugned SROs, the petitioner maintained.

He said the apex court had ordered that appropriate measures shall be initiated within six months from the date of the judgment. However, no such compliance was made and the government issued SROs on December 23, 2009.

Published in The Express Tribune, June 6th, 2015.

 

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