G-B CM again moves SC against PM’s orders

Submits application for fixing constitutional petition challenging appointment, extension of judges ordered by Shehbaz

ISLAMABAD:

Gilgit-Baltistan (G-B) Chief Minister Khalid Khurshid Khan has moved the Supreme Court for the fixation of his constitutional petition challenging the appointment of a judge as well as the extension given to three judges of the region’s chief court by the Pakistan government.

In September last year, the chief minister had filed a petition under Article 184(3) of the Constitution through senior lawyer Makhdoom Ali Khan and made the federal government, G-B governor and newly-appointed Judge Chief Court Javed Ahmed respondents.

Prime Minister Shehbaz Sharif had given an extension to three judges of the G-B Chief Court on September 16 following a summary moved by G-B Governor Syed Mahdi Shah. However, the summary was initiated without consulting the chief minister.

Later, the registrar’s office returned the petition by raising seven objections. In the meanwhile, the G-B CM challenged the objections by filing an appeal in the chamber, which was heard by Justice Munib Akhtar.

"I conclude that prima facie (which suffices for disposing of Chamber Appeals of the present nature) the office objections cannot be sustained," said a four-page order issued by Justice Munib Akhtar while deciding the appeal in the chamber in the month of November.

The judge noted that the matter of governance in G-B and attendant issues, including the availability of fundamental rights to the people, had been dealt with in the Civil Aviation Authority case.

In his fresh application, the CM stated that in case the plea was not allowed, the people of Gilgit-Baltistan will suffer irreparable loss and injury.

It contended that the appointment, as well as extension of superior courts judges of G-B, violates the principles of access to justice, independence of the judiciary, rule of law and fundamental rights.

"In spite of the clear provisions of the G-B order and the petition pending before this hon’ble court chief judge and judge of the supreme appellate court and chief judge and judges of chief court are being purportedly appointed, confirmed and their tenures extended without any consultation with or advice of the elected government (i.e. chief minister and cabinet).”

This is clearly unconstitutional, without lawful authority and of no legal effect, the application added.

The application stated that the respondents are packing the courts with nominees of the PML-N in the supreme appellate court and the chief court of Gilgit-Baltistan.

“All such appointments are mala fide, without lawful authority and of no legal effect,” it added.

The application said that the petition raised questions of public importance with reference to the enforcement of constitutional and fundamental rights conferred by the Constitution. The questions so raised required an urgent hearing.

It is learnt that three early hearings have been submitted by the chief minister so far. However, the case has not been fixed yet.