AN Order to provide for political empowerment and good governance in Gilgit Baltistan, Whereas it is expedient to provide for greater empowerment so as to bring Gilgit Baltistan at par with other province and to initiate necessary legislative, executive and judicial reforms for the aforesaid purposes:
BNF STAND: Its greater empowerment or greater cheating and fraud to snatch all the powers from GBLA and all the rights from the indigenous people of UN declared disputed Gilgit Baltistan. Pakistanis themselves vested greater power and did not deliver to the people of Gilgit Baltistan.
2. (b) ‘CITIZEN’ means a person who has a domicile or resident of Gilgit Baltistan and who is a citizen under the Pakistan Citizenship Act, 1951 (II of 1951)
(h) “Judge” in relation to the Gilgit Baltistan Supreme Appellate Court of the Gilgit Baltistan High Court, includes the Chief Judge of the Gilgit Baltistan Supreme Appellate Court and the High Court;
(2) Unless the context otherwise require, any other term or expression used but not defined in this order, shall have the same meanings as are assigned to them in the constitution of Islamic Republic of Pakistan.
BNF STAND: Pakistanis have amended the 2009 Citizenship Order which says “Citizen” unless otherwise expressed in this order “Citizen” means a person who has a domicile of Gilgit Baltistan.
Now they allow those to become citizen of Gilgit Baltistan who reside or have domicile and have Pakistani citizenship act of 1951. This will completely change the demography of Gilgit Baltistan, if one consider all the population of Pakistan as citizens of this area. Secondly, now Pakistanis and other foreigners will have the right to grab all the resources of this land without any hindrance by referring this fraudulent Citizenship act of 2018.
Its violation of UNCIP resolutions, violation of State Subject Rule and also violation of constitution of Pakistan and Supreme Court verdict of 1999. Secondly, Its completely lie, there is no High Court in this region and people have been demanding for High Court for many decades. The people of this disputed region have no access to any Legal/constitutional High Court and Supreme Court to file their writ petition against violation of fundamental Human Rights and even against death sentence and forcefully snatching their lands and properties. Pakistan does not give any benefit or right to get any remedy from its constitution, but impose all the barbaric laws and orders like Anti-Terrorist laws, Schedule4, Sedition charges, but no right of vote, no access to fair and impartial trial and no access to High Court and Supreme Court. Though the People of this land have nothing to do with the constitution of Pakistan, because they are not citizens of Pakistan.
3. ELIMINATION OF EXPLOITATION
The government shall ensure the elimination of all forms of exploitation and gradual fulfilment of the fundamental principle
4. RIGHT OF INDIVIDUALS TO BE DEALT WITH IN ACCORDANCE WITH LAW, etc.
(a) No action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law;
BNF STAND: The law means, the draconian law, which has been made by a foreign country (Pakistan) and has not been made by their own representatives, because the people of Gilgit Baltistan have no role in the election process for the Parliament of Pakistan. Pakistani occupation regime have been imposing their own laws and rule, orders etc. against the people of this land without any mercy.
5. OBEDIENCE TO THIS ORDER; Obedience to this order and law is the inviolable obligation of every citizen, wherever he may be, and of every other person fort the time being within Gilgit Baltistan
BNF STAND: Pakistani occupation regime did not ask for loyalty, they know that the people of Gilgit Baltistan are not their citizens, that is why the question of Loyalty does not arise. That is why they are asking for obedience like a boss can ask and expect from his servant to be obedient servant. Its more likely what ISIS or Al-Qaida have been implementing their version of obedience from the innocent victims by gun.
6. Definition of government; the government means the Prime Minister , the government , the Assembly, and such other local or other authorities in Gilgit Baltistan as are by law empowered to impose any tax or cess.
7 LAWS INCONSISTENT WITH OR IN DEROGATION OF FUNDAMENTAL RIGHTS TO BE BIOD
(2) the government shall not make any law which takes away or abridges the rights so conferred and any law in contravention of this clause shall, to the extent of such contravention, be void.
(3) The provision of this section shall not apply to any law relating to members of the armed forces, or of the Police or of such other forces as are charged with the maintenance of public order, , for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them and no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistenct with or repugnant to, any provision of this chapter.
9. SAFEGUARD AS TO ARREST AND DETENTION
(1) No person who is arrested shall be detained in custody without being informed, as soon as may be of the ground for such arrest. Nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.
(3) Nothing in sub-section (1) and (2) Shall apply to any person who is arrested or detained under any law providing for preventive detention
(4) No law providing for preventive detention shall be made except to deal with person acting in a manner prejudicial to the integrity, security or defence of Pakistan any part thereof, or external affairs of Pakistan, or public order, or the maintenance of supplies or services and no such law shall authorize the detention of a person for a period exceeding three months unless the Review Board (Appointed by Chief Judge of the Supreme Appellate Court, of GB consisting of a Chairman, the Secretary of the Department concerned with Home Affairs and a person, who is or has been a Judge of the Supreme Appellate Court or the High Court ) has, after affording him an opportunity of being heard in person, reviewed his case and reported , before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and , if the detention is continued after the said period of three months, unless the Review Board has reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion sufficient cause for such detention.
(5) The authority (Pakistani national and its ISI) making any such order may refuse to disclose facts which such authority considers it to be against the public interest to disclose
(6) Secretary of the government signs a certificate, that its not in the public interest to furnish any documents, is produced
(7) Provided that this sub-section, detention for 24 month + 8 months and against 12 month will not be applied to any person who is employed by or works for or acts on instruction received from, the enemy or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti-national activity as defined in any law or is a member of any association which has for its objects, or which indulges in, any such anti-national activity.
Article 9 sub section (3), (4), (5) ,(6), (7) and (9) Nothing in this section shall apply to any person who for the time being is an enemy alien.
BNF STAND: Any person can be framed in preventive detention provisions, is continued his/her detention for three months and three months again and again unless he/she dies or compromise with the ISI and becomes their agent against his own country (Balawaristan), because all the members of Review Board are Pakistani national . Authority will not even disclose the whereabouts of the detainees and nature of its allegation in the interest of 2 million citizens of UN declared disputed region. Even before this draconian order many youth from Gilgit and Nagir region were killed during interrogation without disclosing their fault (was this in the interest of the deceased family what Pakistani occupation regime claim in this ORDER.) It means that Pakistani occupation Authorities can detain anybody without proof and can detain for unlimited time by torturing till they get their required answer. Its joke with the UNCIP resolution, its joke with Universal Declaration of Human Rights and its even joke with Pakistani constitution.
14. Inviolability of dignity of man, etc. (1) The dignity of man and, subject to law, the privacy of home, shall be inviolable.
(2) No person shall be subjected to torture for the purpose of extracting evidence.
15. Freedom of Movement; Every citizen shall have the right to remain in, and subject to any reasonable restrictions imposed by law in the public interest, enter and move freely throughout Gilgit Baltistan and to reside and settle in any part thereof.
16. Freedom of Assembly; Every citizen shall have the right to assemble peacefully and without arms, subject to any subject to any reasonable restrictions imposed by law in the public interest of morality or public order.
17. Freedom of Association; (1) Subject to this order, every citizen shall have the right to form association or unions, any subject to any reasonable restrictions imposed by law in the public interest of morality or public order.
(2) No person or political party in the area comprising Gilgit Baltistan shall propagate against, or take part in activities prejudicial or detrimental to the ideology of Pakistan.
(3) Every citizen, not being in the service, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan or any part thereof and such law shall provide that where the Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan or any part thereof, the Government of Gilgit Baltistan shall, within fifteen days of such declaration, refer the matter to the Supreme Appellate Court whose decision on such reference shall be final.
19. Freedom of Speech; Every citizen shall have the right to freedom of speech and expression, subject to any reasonable restrictions imposed by law in the interest of the security, order, decency or morality or in the relation of Court, Commission of or incitement to an offence.
BNF STAND: . Freedom of Movement , Freedom of Assembly , Freedom of Association OR Freedom of Speech all these paper freedoms are link to Subject to any reasonable restrictions imposed by law in the public interest, what Pakistan imposed draconian order says. Its clear that all these FREEDOMS are actually RISTRICTIONS subject to obedience with the Pakistani occupation regime.
Article 17 subsection (2) and (3), clears that Nationalist political parties of Gilgit Baltistan are not allowed to function, because they do not have faith to the ideology of Pakistan and even don’t know what was or is the ideology of Pakistan. This article only allows pro-Pakistani political and religious parties and does not allow those who believe that Gilgit Baltistan is a disputed part and have nothing with the constitution or ideology of Pakistan, because of UNCIP resolution and constitution and verdicts of Supreme Court of Pakistan.
21. Freedom to profess religion and manage religious institutions; subject to law public order and morality.
BNF STAND: No unconditional freedom for religious activities is considered as freedom.
24. PROVISIONS AS TO PROPERTY;
subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to acquire, hold and dispose of the property.
BNF STAND: Its against State Subject Rule honouring by both Pakistan and India in their respective disputed part of Jammu & Kashmir, while Pakistan is violating this law since 1974 but this ORDER will completely deprived the indigenous people of Gilgit Baltistan from their right of land ownership for millenniums. This is also against UNCIP resolutions, where sovereignty and integrity of this disputed land has been guaranteed by the UNSC. Its also against Universal Declaration of Human Rights. Its also against the constitution of Pakistan, because it is not de-jure part of Pakistan, which fate is still to be decided along with that of J&K.
26. Equality of Citizens; (1) All citizens are equal before law and are entitled to equal protection of law.
BNF STAND: This article has been created to protect Pakistani national and does not give equal opportunity to the indigenous people of this disputed land but gives all the rights as per its definition of Citizenship in Article 2 (b) (means a person who has a domicile or resident of Gilgit Baltistan and who is a citizen under the Pakistan Citizenship Act, 1951 (II of 1951)). This article gives dual nationality to Pakistani citizens for the purpose to usurp the land, property and right of ownership from the indigenous people. There is no Equality in the jobs in all civil and Military services and Judiciary. Pakistani and even other foreign nationals who settled, reside and obtained domicile illegally are preferred by Pakistani regime to dominate the indigenous people. Besides that religious and political background which provides link with that of Pakistan is also given priority. The main aim of this article is to change the demography of UN declared disputed part of Gilgit Baltistan.
28. Non-discrimination in respect of access to public places;
BNF STAND: Its totally wrong, there are many places belong to public in Astore, Baltistan and Gilgit, where people are not allowed to visit, because of doubtful (un-lawful) activities by Pakistani and Chinese national. Those belong to nationalist political parties and religious people are deprived to visit to Hospitals, Bus stand, public places, Airports and Schools by imposing a draconian law like Schedul4, which snatches their identity and freedom of Movement and does not allow them to go anywhere. The are barred to go to School to drop and pick their kids and do not allow to go to Hospital without permission of the Police (which take strict dictations and orders from ISI). Is this not discrimination?
Pakistan’s greater Empowerment Order 2018
Or Greater Joke
29 Safeguard against discrimination in Services; No citizen otherwise qualified for appointment in the Service of Gilgit Baltistan, shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste or gender:
BNF STAND: Discrimination is the officially recognized practice by Pakistani forces, civil administration, Police and Judiciary against the indigenous people of Gilgit Baltistan.
• Why always a Punjabi Police head as IGP is imposed by violating the right of indigenous Police officers from Gilgit Baltistan. Why all the SPs and DSP are deputed from Punjab, Pakistan.
• Why Military head for FCNA comes from Punjab not from Gilgit Baltistan
• Why Chief Secretary always come from Punjab, Pakistan by depriving those from Gilgit Baltistan.
• Why head of so-called Judiciary is dispatched from Punjab, Pakistan over those who deserve for the post from Gilgit Baltistan
• Why all the important portfolios in government jobs like administration are given to Punjabis or Pathans but not to those who deserve from Gilgit Baltistan
• Why all the Deputy Commissioners and even ACs come from Punjab since 2009 fraudulent package by depriving those from Gilgit Baltistan.
• Why GBLA has not been given the right to legislate for their own Motherland, why Prime Minister and President of Pakistan are making laws or giving orders to the region which they don’t represent by right of vote, what a civilized democratic societies in the world practice.
What kind of Safeguard against discrimination in Services you Pakistanis are giving to Gilgit Baltistan in this article of 29 joke.
Why you Pakistanis want self-determination for J&K under Indian occupation refereeing UNCIP resolutions, but determined to keep Gilgit Baltistan as your permanent Colony by imposing draconian laws or orders with the evil design to keep 2 million indigenous people of this UN declared disputed land as SLAVES by snatching all their rights. Why you Pakistanis don’t accept their right of Self-determination?
PRINCIPLES OF POLICY
31. Principles of Policy; (1) It is the responsibility of each organ and authority of the government, and of every person performing functions on behalf of any organ or authority of the government, to act in accordance with Principles of Policy setout in Chapter 2 of Part- II of the constitution of Islamic Republic of Pakistan in so far as they relate to the functions of the organ or authority.
NOTE: Principles of Policy has been copied from the Constitution of Pakistan
(1) Page 327 of the mentions the function of the Authority
(2) about the availability of resources and
(3) Provision shall be made in the rules of procedure of the National Assembly or as the case may be, the Provincial Assembly, for discussion on such report
BNF STAND: Till today Gilgit Baltistan is disputed territory and has not been included in the geographical or constitutional part of Pakistan. The control of Pakistan is not de-jure its de-fecto means its not legal but control under Pakistan in the same situation what American have in Afghanistan, Iraq and Syria. How a foreign country (occupation regime) can mentions its own constitution to a territory which is out of its constitution.
Even this new draconian law does not give to right to appeal in the Supreme Court of Pakistan, because it does not fall under its ambit. How the Prime Minister of Pakistan or President of Pakistan have the powers to given orders regarding a territory which has not given them the right of representation. What means by mentioning the Principles of Policy from its constitution. It has no value in the books of Law, because the people of this disputed land has never given their will of right to represent them anywhere to any Pakistani citizen by any international recognized democratic procedure.
34. Governor to act on advice, etc. (3) Where the governor dissolves the Provincial Assembly, notwithstanding anything contained in sub-section (1), he shall on the advice of the President
BNF STAND: Constitution needed to cover to legalize any province, this is not the case here. Secondly, the people of Gilgit Baltistan have not chosen the president of Pakistan to represent them, because the people of this land have no right to vote to any Pakistani to represent them in the Parliament. To dissolve Assembly or any other part on behalf of Pakistan whether by Prime Minister, President or any other authority is illegal and against the resolutions of UNCIP and against the constitution of Pakistan itself. The constitution of Pakistan does not recognize such act/acts on behalf of President, Prime Minister or any other person of Pakistan regarding the matter of Gilgit Baltistan.
41. Extent of executive of authority of Government. (1) Subject to this order, the executive of the government shall extend to the matters with respect to which the Assembly has the power to make laws:
Provided that, in any matter with respect to which both Prime Minister and the Assembly has power to make laws, the executive authority of the government shall be subject to, and limited by, the executive authority expressly conferred by this order or by law made by the Prime Minister.
BNF STAND: In this case the Prime Minister of Pakistan will be acting like Viceroy of British Empire, whose order cannot be challenged anywhere. The Assembly has no powers to legislate for the interest of the 2 million people of this land and have no powers to change the orders of Pakistani Prime Minister or any other authority / authorities.
46. Executive Powers by the Prime Minister:
The Prime Minister shall perform his function and exercise his powers in such a manner as may be prescribed by rules made by the President.
BNF STAND: Here the author of this Order himself/herself is confused. Somewhere the rules will be made by the PM and here the President will make the rules. Whoever will make, that will be illegal. Pakistanis have no legal authority to make rules for this disputed land without referendum or plebiscite under UN supervision, what UNCIP says. Pakistan can do one thing, it must withdraw its citizens and Military from its occupied Gilgit Baltistan and then ask UN to tell India to comply its obligation by withdrawing bulk of its forces.
50. (h) He has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or which defames or brings in to ridicule the Judiciary or the Armed Forces of Pakistan, unless a period of five years has lapsed since his release;
BNF STAND: This Article shows that how the people of Gilgit Baltistan are living under continuous threat by Pakistan occupation regime, is spite of the fact that the people of this land are not citizens of Pakistan. They are forced to accept the ideology of Pakistan and should respect its Forces and Judiciary, instead of all atrocities commit by these forces, their intelligence agencies and their illegal imposed and biased Judiciary.
57. Restriction on discussion in Assembly: No discussion shall take place in the Assembly with respect to matter relating to foreign affairs, defense, internal security and conduct of any Judge in the discharge of his duties.
BNF STAND: To discuss foreign affairs, defense is beyond the imagination of GBLA, which is sub-servant of Pakistani bureaucracy and Military. But the irony is that even this so-called Assembly has no right to discuss the security of its own constituency, because Pakistani occupation regime does not want to know them any of their atrocities. That is why the indigenous people who serve in Military, Judiciary, Administration and Police are kept out of the important places where policies are made to subdue these indigenous servants and people.
60. Legislative Powers:-
(1) Subject to the order, both the Prime Minister and the Assembly shall have the powers to make laws.
But Article 46. Says that The Prime Minister shall perform his function and exercise his powers in such a manner as may be prescribed by rules made by the President.
(2) Subject to this order-
(a) the Prime Minister shall have exclusive power to make laws with respect to any matter in the Legislative List set out in the Third Schedule, hereinafter referred to as the Legislative List.,
Provided further that, the Chief Minister may present such law before the Assembly for discussion.
(b) The Prime Minister and Assembly shall have power to make laws with respect to criminal law, criminal procedure and evidence
(3) The Prime Minister shall have the powers to adopt any amendment in the existing laws or any new law in force in Pakistan subject to the legislative competence under sub-section (2).
(4) If any provision of an Act of Assembly is repugnant to any provision of any law which the Prime Minister is competent to enact, the law made by the Prime Minister, whether passed before or after the Act of the Assembly, shall prevail and the Act of the Assembly shall, to the extent of the repugnancy, be void.
BNF STAND:– Prime Minister of Pakistan has the same powers, what British Empire had in India. The Assembly of Gilgit Baltistan is like a character of a drama, while the actual Director is Prime Minister of Pakistan.
(6) Notwithstanding anything contained in this order the Prime Minister and the Assembly shall have no power to make any law concerning:-
(a) The defence and external security of Gilgit Baltistan
(b) The current coin of the issue of any bills, notes or other paper currency, or
(c) The external Affairs of Gilgit Baltistan including foreign trade and foreign aid, or
(d) Such other matters as the President may specify by order.
BNF STAND: If the king of Jungle (Prime Minister of Pakistan) has no power to make law then who is the king of Kings to make the laws for defence, currency and foreign trade? That is the Pakistan Army headed by Chief of the Army, who has the absolute powers to issue written or verbal orders to 10 Core Headquarters Murree Pakistan, FCNA Gilgit and ISI head Quarters Zero Point Rawalpindi, Pakistan for the implementation regarding Gilgit Baltistan without any challenge or question. The President of Pakistan is a showpiece.
61. Obligation of the Prime Minister and the government:- (1) The executive authority of the government shall be so exercised as to secure compliance with the laws made by the Prime Minister which apply thereon.
(2) It shall be the duty of the Prime Minister to protect Gilgit Baltistan against internal disturbance and to ensure that the government is carried on in accordance with the provision of this order.
BNF STAND: The Assembly of Gilgit Baltistan will act like a bunch of obedient slaves and no role to make laws or to deny any order from anyone from civil and Military command. Its job is to obey orders and even have no powers of implementation. For the implementation of the Royal orders is the FCNA and huge bunch of Civil bureaucracy of Pakistani national.
Secondly what prompt to impose this type of new draconian order? It’s the fear among Pakistani Military regime, that the people of this land are fed-up with the treatment matted with for the last 7 decades under the duress of Pakistani occupation regime. The Military is sensing revolt against their policy to impose CPEC (China Pakistan Economic Corridor) without taking the people or even the so-called Assembly and governor in to confidence. Pakistani occupation regime (Military and Civil) do not consider that the people of Gilgit Baltistan are No. 1 stakeholders regarding their own Fatherland/Motherland. Those who opposed CPEC are languishing in the Jails for the last 2 years. The so-called GBLA has the only interest to get money as much as possible, to obey dictations from Military and Civil regime of Pakistan and do not bother about the miseries, plight, atrocities of the people and never objected the draconian law like imposing anti-terrorist court, imposing Schedule4, snatching their lands and not taking it into confidence regarding CPEC or land grabbing etc.
62. (2) The executive authority of the Prime Minister shall also extend to the giving of directions to the government as to the construction and maintenance of means of communication declared in the direction to be of national or strategic importance.
(3) The executive authority of the Prime Minister shall also extend to the giving of directions to the government as to the manner in which the executive authority thereof is to be exercised for the purpose of preventing any grave menace to the peace or tranquility or economic life of Gilgit Baltistan or any part thereof.
BNF STAND:– It shows the fear and threat feels by the occupation regime of Pakistan after the imposition of CPEC without the permission of the people of this disputed land. Pakistani occupation regime have realized that they will face threat when the people will rise and block KKH and stopped the supply of WMD from North Korea via KKH or directly from China by KKH. The KKH is the jugular vain for the Military supply to Pakistan and no custom or any other financial benefit is given to the people of Gilgit Baltistan for this illegal trade between Pakistan and China.
63. Full faith and credit for public acts, etc. Full faith and credit shall be given throughout Gilgit Baltistan to public acts and records, and judicial proceedings.
BNF STAND: It’s the habit of every colonial power to keep the people’s right and admiration under its feet and expect appreciation of its cruelties. The people of Gilgit Baltistan are not insane, who appreciate occupation and having snatched their land, resources, right of vote, access to justice and right of rule and representation. The job of this illegal/unconstitutional Judiciary is to deprived the indigenous people from all their fundamental rights and protect the interest of colonial power (Pakistani regime) in the implementation of its draconian laws and orders.
64. Acquisition of Land:-
The government of Pakistan may, if it deems necessary to acquire any land situated in Gilgit Baltistan for any purpose, require the government to acquire the land on behalf, and at the expense, of the government of Pakistan or, if the land belongs to the government, to transfer it to the government of Pakistan on such terms as may be agreed mutually.
BNF STAND: As per the practice since 1974, Pakistani imposed head of Administration based in Gilgit is allotting land to Pakistani nationals and others illegally. Recently more than 10,000 acre land has been allotted to Pakistan Army and its ISI to establish cantonment and torture cells to protect CPEC by Chief Secretary who is a Pakistani national and did not bother to seek permission from GBLA or the so-called government of Gilgit Baltistan.
To acquire any land by any means or for any reason is illegal as per UNCIP resolutions and State Subject Rule of 1927, which is firmly abide by both India and Pakistan under their control part of disputed Jammu & Kashmir, but violated in this disputed part (Gilgit Baltistan) of Jammu & Kashmir.Legal government does not exist in this disputed part and thus no land belongs to government, because all the land belongs to the indigenous people of Gilgit Baltistan who were before 1885 and even those who residing before 1885 are called Class 1 citizens and those who settled before 1911 are 2nd Class citizen and those who acquired Rayatnama and ijazatnama are called 3rd Class citizens. The land belongs to Class1 citizens who have priority in services and other matter. Pakistan has no right to claim over the land of Gilgit Baltistan neither it has any ownership nor it has the right to purchase the land, under State Subject Rule of 31st January 1927.The 2nd Class citizens whatever piece of land they have purchased before 1911, belongs to them. It means all the land and mountains which is barren or not, belongs to the 1st Class citizens (indigenous people) and Pakistan has no right to claim or to purchase. Those who have no right to purchase no right to allot. All the allotment and purchase or sale by Pakistani occupation regime since 1st Nov. 1947 is illegal and void.
65. Tax to be levied by laws only:-
No tax shall be levied for the purposes of the territories of Gilgit Baltistan except by or under the authority of law and all taxes and levies competently imposed under any law shall remain in force.
BNF STAND: The country (Pakistan) whose occupation is illegal, because its not part of Pakistan, then how it can impose taxes and how it can claim as legal authority and how it can make laws for a territory which it (Pakistan) claims as disputed territory as per the UNCIP resolutions. How an act of extra constitutional of Pakistani President and Prime Minister becomes legal. There is no taxation without representation as per the international law. Neither Gilgit Baltistan has its own Parliament nor the 2 million indigenous people of Gilgit Baltistan have representation in the Parliament of Pakistan which is law making body. In such situation Pakistan has no right to impose any tax in this part of the world.
67. Reference to Council of Islamic Ideology:-
(1) If one third of the total number of the members of the Assembly so require, the Assembly shall refer to the Council of Islamic Ideology constituted under constitution of Islamic Republic of Pakistan (hereinafter referred to as Council) for advice any question as to whether a proposed law is or not repugnant to the injunctions of Islam.
BNF STAND: The religious matter can be sent to Pakistan but why not political, financial and Judicial and fundamental human rights matter can be sent to Supreme Court of Pakistani. Is it not discrimination.?
PART XI- THE JUDICATURE
75. (5) The appointment of the Judges of the Supreme Appellate Court and High Court shall be made by the Prime Minister on the recommendation of the following committee namely;
(a) Chief Judge Supreme Appellate Court Chairman
(b) Chief Judge High Court member
(c) Minister concerned with the affairs of Law department member
(d) Advocate General member
(e) Secretary of the Department concern with law and member
(f) Vice Chairman, Bar Council of Gilgit Baltistan member
BNF STAND: There is no designation of Chairman or Vice Chairman in Bar Council. President or vice President are the designation used by the bar Council. All the above said people have the vested interest (except Bar Council) with the Administration (of Prime Minister of Pakistan), because their appointment authority is Prime Minister and cannot ignore his dictation in the appointment of Judges. This is not impartial, fair and transparent. We are the witness, that religious, political affiliation and caste background (Punjabi caste is the privilege one) and money power is the criterion for the appointment of Judges.
How an indigenous accused can expect fair and impartial decision from a Judge/Judges against its own appointment authority (The occupation regime of Pakistan headed by Prime Minister)?
(8). A person shall not be appointment as the judge of the Supreme Appellate Court of Gilgit Baltistan unless he is a citizen under this order, he has attained the age of sixty two years and
(a) is qualified to be judge of the Supreme Court of Pakistan, or
(b) has for a period of, or for periods aggregating, not less than five years been a judge of s High Court, or
(c) for a period of or for periods aggregating, not less than twenty years has been an advocate of a High Court.
BNF STAND: All the above said conditions have been framed to facilitate Pakistani citizens
75.(12) Subject to sub-section (9) the remuneration and other terms and conditions of service of the Chief Judge and of a judge of the Gilgit Baltistan Supreme Appellate Court shall be such as may be determined by the Prime Minister by an order.
BNF STAND: How a sub-ordinate employee (Judge) can deliver any judgement against his/her appointee (Prime Minister and his administration) against his/her own interest. In such situation, fair and impartial judgement is beyond the imagination for the people of Gilgit Baltistan. How a judge who has foreign nationality (Pakistani) will protect the interest of other disputed country (Gilgit Baltistan) by neglecting his/her own.
84. (14)The remuneration and other terms and conditions of services of the Chief Judge and Judges of Hugh Court shall be such as may be determined by the Prime Minister by order.
BNF STAND:- The same situation as mentioned above in case of Supreme Appellate Court judges.
Both these Judiciaries are under strict control of the administration of Prime Minister of Pakistan. No remedy for the people of Gilgit Baltistan from such sub-ordinate Judiciary, where fair appointment of Judges is impossible.
86. (3) Subject to the Act, the right to move a High Court for the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II shall not be abridged.8
BNF STAND: Big joke, Many people from Hunza, Gilgit including political activist Baba Jan and Iftikhar Hussain have been given 40 years of Jail term by terrorist Court, when they were protesting against murder in the hands of Police, is this the honour of fundamental right?
What kind of remedy has been given to the following political workers, leaders, Journalist and Lawyer by denying their bail on the direction of ISI since October 2016( languishing in the Jail after severe torture by JIT), on false and fabricated charges of terrorism. Is this the part of honouring of fundamental rights?
Is this fair Pakistani law which impose terrorist act, schedule4 and sedition act against those? WHO hold
• press conference, is freedom of speech and honour of fundamental rights as per Pakistani logic.
• publish News paper without taking ISI dictation
• dispatch books and receive books having no political or religious matter and only to promote unique language, Brooshaaski.
• attend peaceful public gathering
• For example
• Majeedullah Khan (from Yasen) arrested on 2nd Oct 2016,
• Sanaullah Khan, a student whose fault was to dispatch Brooshaaski language books from Rawalpindi, Pakistan to Gahkuch of PoGB.
• Inayat Karim was arrested on 30th September 2016 and sent to Jail on 25th October 2016 , charged on collecting books on Brooshaaski language and pamphlets.
• Qayoom Khan GS, BNF Ghazer and candidate GBLA, arrested in Schedule 4 on 26th August 2016 from Yasen, because he participated in a meeting without permission.
• Qoowat Khan President BNF Yasen Unit, once released and re-arrested on 12th Oct 2016 and sent to Jail on 25th October 2016 in fake arms act.
• Marooko (Haveldar retired) from Yasen on 8th September 2016 was sent to Jail, when he denied to quit BNF.
• Mahboob Ali Advocate arrested on 12th Feb. 2017, when he was going to address the Media, along with Safdar Ali, to refute IG Police Zafar Awan’s false allegations against BNF.
• Safdar Ali Central President BNF arrested on 12th Feb. 2017, just before his Press conference in Gilgit.
The list below consists of members of BNF who were arrested under Schedule 4.
• Daulat Jan, Chief Editor Daily Bangesahar (Urdu) and weekly Baang (Eng) was arrested under schedule 4, because of his journalistic endeavors. His newspapers were banned.
• Aafaq Ahmed (Aafaq Balawar), leader of BNSOB from Gilgit has been arrested and put behind bars for many months.
Those who fled the country due to dire threats to their lives, because they don’t have faith in Judiciary:
• Advocate Shokoor Khan was forced to flee PoGB on 14th December 2016, due to severe threats to his life.
• Sher Nadir Shahi Coordinator of BNSOB (Balawaristan National Students Organization) fled on 22nd October 2016, because of threat to his life.
• Shahid Hussain, BNF leader and Chief Coordinator of BNSOB & G and ex candidate of GBLA from Gilgit
90. Contempt of Court:-
(2) A court shall have power to punish any person who,
(a) Abuses, interferes with or obstructs the process of the court in any way or disobeys any order of the court;
(b) scandalizes the court or otherwise does anything which tends to bring the court or a judge of the court into hatred, ridicule or contempt
(3) The exercise of the power conferred on a court by this section may be regulated by law and, subject to law, by rules made by the court.
BNF STAND:– This law of Jungle (neither GBLA nor Parliament of Pakistan has made this law). This act and its main ORDER is illegal and unconstitutional, because the people of PoGB have never given any mandate to the Prime Minister or President of Pakistan or any other Authority to make laws for them.
This article has been included to save those so-called Judges whose appointment is unfair and illegal. They fear that the people will ridicule them and their judgement. For example there a person called Judge who’s Pakistani national from Punjab but obtained domicile illegally to get benefits from his own national, who have been deputed to this disputed land to fulfil the orders of occupation regime. He has also made double license of Bar Council Gilgit and Bar Council Islamabad, which is illegal. A lawyer can possess one license of any Bar Council. His appointment and other settlers design is to change the demography and oppress the indigenous people and suppress the appeal/writ of indigenous people to protect the occupation regime.
93. Administrative Courts and Tribunals:-
(1) Prime Minister of Pakistan can establish one or more Administrative Courts to exercise exclusive jurisdiction in respect of:-
(b) to Levy tax or cess
( c ) matter relating to acquisition. Administration and disposal of any property which is deemed to be enemy property under any law.
(3) n appeal to the Gilgit Baltistan Supreme Appellate Court from a judgement, decree, order or sentence of an Administrative Court or Tribunal shall lie only if the Supreme Appellate Court of Gilgit Baltistan being satisfied, that the case involves a substantial question of law of public importance, grants leave to appeal.
BNF STAND: Against the administrative Court or anti-terrorist court have been established to take money by force (using terminology of land acquisition) as a Tax and confiscate the land of the indigenous people by force using its Military power.
The so-called Supreme Appellate Court has never questions or take appeal, that why the Anti-Terrorist Court has been established in Gilgit Baltistan where no case against UN Declared terrorists has been brought. This Administrative Anti-Terrorist Court has allowed the Police and Pakistani intelligence agency to torture Political leaders and workers of Nationalist parties like BNF and KNM to torture and frame charges whatever they want. Neither this Administrative Court nor the so-called Supreme Appellate Court have even asked the Police or prosecution, that why terrorist charges have been framed against peaceful political workers, who even have never killed and animal and never wounded any person and never used any gun.
Secondly, Writ petition can only be filed in a legal/constitutional Court like High Court and Supreme Court, but these so-called Courts of Gilgit Baltistan are not covered under any law and constitution, that is why nobody can file any write petition and appeal to the President against death sentence.
95. Public Service Commission.
(1) Prime Minister has the power to appoint Chairman of . Public Service Commission.
Chief Election Commissioner,
(1) There shall be Chief Election Commissioner to be appointed by the Prime Minister of Pakistan
98. Auditor General:- There shall be an Auditor General, who shall be appointed by the governor on the advice of the Prime Minister of Pakistan.
BNF STAND:- Prime Minister of Pakistan has got powers like a king to appoint, Governor, Public Service Commission, Chief Election Commissioner,,
Auditor General, IGP (Inspector General of Police) and Chief Secretary. Prime Minister of Pakistan has the divine right to appoint Chief Minister and even dictate the Chief Minister to appoint Ministers, though all these political seats are symbolic and get benefits but no powers.
99. (2) For the purpose of bringing the provisions of any existing law in to accord with the provisions of this order the President may by order, within a period of 6 months from the commencement of this order, make such adaptations, whether by way of modification, addition or omission as he may deem to be necessary or expedient and any such order may be made so as to have effect from such day, not being a day earlier than the commencement of this order, as may be specified on the order.
What aim left for this so-called GBLA, if laws or made either by Prime Minister or President of Pakistan, except to use them as rubber stamp and salaried obedient SLAVES to deprive the 2 million people from their birth right
100. (2) No criminal proceedings whatsoever shall be instituted or continued against the Governor or the Prime Minister while he is in office.
(3) No civil proceedings whatsoever shall be instituted or continued against the Governor or the Prime Minister while he is in office in respect of anything done or not done, or purporting to have been done, by him in his personal capacity, whether before or after he enters upon his office.
102. Power to issue Proclamation:-
(1) If the Prime Minister, on receipt of a report from a governor or otherwise (means from Military and its ISI and MI) is satisfied that grave emergency exists in which the security of Gilgit Baltistan is threatened by war or external aggression or by internal disturbances, in which the government cannot be carried on in accordance with the provision of this order, the Prime Minister shall issue Proclamation of Emergency, hereinafter referred to as the Proclamation.
(5) A proclamation may be made before actual occurrence of war or external aggression if the Prime Minister is satisfied that there is imminent danger thereof.
105 Proclamation in case of Financial Emergency:-
(2) While a proclamation issued under this section is in force the President may issue directions for the reduction of the salaries and allowances of all or any class of persons serving in connection with the affairs of the government.
BNF STAND:– Both article carry same reason of frustration and fear among the Pakistani occupation regime by keeping in view their oppression and tyranny against the indigenous people of Gilgit Baltistan after introducing CPEC which is a China Pakistan joint conspiracy to dual control this region and gradually handed over to China as implementation of secret SALE DEED. Emergency in case of fear public revolt will be imposed by Prime Minister and in case of financial blockage like blockage of KKH and other resources like Water, Minerals (Uranium and Gold etc.) will be imposed by President of Pakistan, it shows their frustration.
111. Official Language:- (1) The official language of Gilgit Baltistan is Urdu.
(2) Subject to subsection (1), the English language may be used for official purposes until arrangements are made for its replacement by Urdu.
(3) Without prejudice to the status of the National language, the Assembly may by law prescribe measures for the teaching, promotion and use of any other language in addition to the National language.
BNF STAND:- Why indigenous languages of Gilgit Baltistan are not promoted instead of Urdu and any other language (Any other language means, Chinese Mandarin), because occupation regime of Pakistan wants to impose Chinese language, so they are able to get more and more funds from China, otherwise they have no sympathy with China or Mandarin language whatsoever. This is a part of process of gradually adaptation of being colony of China in the near future to get rid defaulter and terrorist status in the world.
115. Act not to prejudice stance:-
The provision of this order shall not derogate form, or in any manner prejudice, the declared stand of the government of Pakistan regarding the right of self-determination for the people of Jammu & Kashmir in accordance with the United Nations Resolutions.
BNF STAND:– Its not only prejudice but hypocrisy. Pakistan did not mention Self-Determination for the people of Gilgit Baltistan, which is important part of UNCIP resolution.Pakistan has to withdraw its Civilians who entered in to PoGB (Pakistan occupied Gilgit Baltistan) and PoJK (Pakistan occupied Jammu & Kashmir) after 15th August 1947. Pakistan has also to withdraw all of its forces from PoGB and PoJK. Pakistan cannot change UN resolution to fulfil its greedy ambition to merge Indian control Jammu & Kashmir in to its territory and hide the strategically important PoGB from the UN and rest of the world. Nobody (UN or UNSC) will take those Pakistani Order or any other pretext to engulf PoGB if and when the question of settlement J&K and GB arises.
116. Powr to make Rules, etc. The governor, or as the case may be, the Prime Minister, may make rules for carrying out the purposes of this order.
BNF STAND: No Role for GBLA regarding Legislation or rules.
117. Order to Override other Laws etc.
(1) The provision of this order shall have effect notwithstanding anything contained in the provision of any law for the time being in force except that in case of conflict between the laws of Pakistan sand the laws framed under this order, the laws of Pakistan shall prevail.
BNF STAND: The author of the laws of Pakistan was/is the Parliament of Pakistan while the draconian laws made by Pakistani occupation regime (order 2018) is different. The first author has the mandate to make laws for the people of Pakistan not for Gilgit Baltistan, but the second is illegal and have no mandate to make laws (Order 2018) for the people of Gilgit Baltistan who have never given any mandate to make laws.
FIRST SCHEDULE OATH OF OFFICE OF GOVERNOR
(See section 33)
I …. Do solemnly swear that I will bear true faith and allegiance to Pakistan.
That, as the governor of Gilgit Baltistan, I will discharge my duties, and perform my functions. Honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and government of Gilgit Baltistan Order, 2018 and the law, and always in the interest of the sovereignty, integrity, solidarity, well being and prosperity of Pakistan and Gilgit Baltistan
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan. That I will preserve, protect and defend the constitution of the Islamic Republic of Pakistan and government of Gilgit Baltistan Order 2018.
Member of Assembly
I …. Do solemnly swear that I will bear true faith and allegiance to Pakistan.
That, as member of Assembly, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and government of Gilgit Baltistan Order, 2018 the law and the rules of Assembly, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan and Gilgit Baltistan
BNF STAND:- The example of both the oath (governor and Member of GBLA) clear, that Pakistani colonial power select only those parties and people as members or representative and for other posts who show their first faith and allegiance with Pakistan, its ideology and constitution. Though it’s a fact that those including governor, Speaker, Chief Minister and Members nationality and citizenship besides the whole population of Gilgit Baltistan has not been recognized by Pakistan, because of the UNCIP resolutions. But Pakistani occupation regime is imposing and dictating illegal terms by force. For the whole GBLA, its governor and Judiciary, Pakistan comes first and sovereignty, integrity, solidarity, well-being and prosperity Gilgit Baltistan is not their priority. In such situation how, one can expect that the system imposed by Pakistani occupation regime will take care and defend the interest of Gilgit Baltistan. The sovereignty, integrity, solidarity, well-being and prosperity, culture, languages, resources are under serious threat.
THIRD SCHEDUL LEGISLATIVE LIST PART I
[SECTION 60 (2) (a] The Prime Minister of Pakistan shall have exclusive power to make laws with respect to any matter in the Legislative List set out in Third schedule
• Nationality, citizenship and naturalization
• Migration from or into, or settlement in Gilgit Baltistan.
• Admission in to, and emigration and expulsion from Gilgit Baltistan, including in relation thereto the regulation of the movement in Gilgit Baltistan of person not domicile in Gilgit Baltistan, pilgrimages to places beyond Pakistan.
Foreign Exchange, cheques, bills of exchange, promissory notes and foreign aid
13. Federal Agencies and institutions.
15. Nuclear energy,
(a) Mineral resources necessary for the generation of nuclear energy
(b) the production of nuclear energy fuels and generation and use of nuclear energy, and (c) ionization radiation
Prime Minister of Pakistan is the only authority to make laws on all the 62 items mentioned in Article 60, including settling foreigners, giving nationality and allowing migration in to this disputed. He also has the power to expel indigenous people from this land, in the same manner the occupation regime expelled Col. (Retired) Nadir Hassan from Gilgit due to his peaceful political activities. Domicile will be given to anyone on behalf of Prime Minister of Pakistan.
Foreign loans will be taken. Minerals including Uranium and god etc. will be taken away by the order of PM of Pakistan. Uranium theft, process and Production will be done by the orders of PM of Pakistan which will harm the environment of this beautiful region.
Prime Minister of Pakistan will send more and more intelligence agencies to suppress the people by threat, torture and killing.
LEGISLATIVE LIST PART II
All kind of taxes including on corporations, sale purchase of goods and services, import, export, manufacturing, consumed, capital gain on immovable property.
BNF STAND: Pakistani Prime Minister or any one on behalf of Pakistan has the right to impose taxes to this land which is not part of Pakistan.
Pakistan has the liability to refund whatever money in shape of Custom duty of Sost China Gilgit Border. Pakistan must refund the money what it has earned from the tourism, indirect Taxes, Minerals, Forest, Air Routes etc.
FOURTH SCHEDULE SERVICES [se section 96]
Article 96 (4) Gilgit Baltistan shall be given representation in Federal Services in according with the provisions and in line with other provinces shall be carried out in Gilgit Baltistan
POSITION OR VACANCY SHARING FORMULA
The percentage for Pakistani in Gilgit Baltistan is following: BS (Basic Scale) 17 = 18%, BS-18 = 30%, BS-19 = 40%, BS-20 = 50% and BS-21 = 60%
BNF STAND: Pakistan must withdraw and called back its citizens as the obligation of UNCIP resolutions. Pakistan has no right to send its citizens by any pretext, because Gilgit Baltistan is a disputed territory and its fate is still to be decided as per UNCIP resolution for what Pakistan is crying foul.