In response of an article written by Justice (Retd) Muzaffar Ali published in Daily Mountain Pass on 7th May 2018. Title of the article ìGilgit Baltistan emperor order 2018î
I appreciate the courage of my class fellow and friend Muzaffar.
I reproduce the verdict of Supreme Court of Pakistan for the lawyers below:
Headed by Justice Ajmal Mian on 12 May 1999 in Petition No 11 and 17 of 1994.
ì26. It may be observed that the geographical location of the Northern Areas (i.e. Balawaristan) is very sensitive, because it is bordering India, China, Tibet and USSR, and as the above areas in the past have also been treated differently, this court cannot decide what type of government should be provided to ensure the compliance with the above mandate of the constitution, nor we can direct the people of Northern Areas should be given representation in the Parliament as, at this stage, it may be in the larger interest of the country because of the fact that a plebiscite under the auspices of the United Nations is to be held. The above questions are to be decided by the parliament and the executive. This court at the most can direct that the proper administrative and legislative steps should be taken to ensure that the people of Northern Areas enjoy their above rights under the constitution.
27. In regard to the right to access to justice through an independent judiciary, it may be observed that the Northern Areas (Balawaristan) has a Chief Court, which can be equated with a High Court, provided it is manned by the persons of the stature who are fit to be elevated as judges to any High Court in Pakistan. Ts jurisdiction is to be enlarged as to include jurisdiction to entertain Constitutional Petitions inter alia to enforce the Fundamental Rights enshrined in the constitution and to provide right to approach a higher forum through a petition for leave to appeal and / or by way of an appeal against orders/judgements of the above Chief Court. The same may require amendments in the aforesaid notification No. 11-2/17/94 dated 17.11.1994 referred to herinabove in para 23, and or the constitution / statue / statues/ order / orders / rules / notifications.î
28. We, therefore, allow the above petitions and direct the Respondent Federation as under:
To initiate appropriate administrative / Legislative measures within a period of six months from today to make necessary amendments in the constitution / relevant statute / statues / order / orders / rules / notifications, to ensure that the people of Northern Areas enjoy their above fundamental rights, namely, to be govern through their chosen representatives and to have access to Justice through an independent judiciary inter alia for enforcement of their fundamental rights guaranteed under the Constitution.
I agree all the contents of his article, but disagree of his suggestions, because:
1. Parliament of Pakistan has no power to make law regarding GB, because Parliament of Pakistan does not represent GB. No country can make law for disputed area or the area which does not fall under its constitution and Muzaffar knows that.
2. Supreme Court of Pakistan did never declare that the people of GB are the citizens of Pakistan. I have reproduced the verdict of Supreme Court, above (which says constitution / relevant statute / statues / order / orders / rules / notifications) and did not clearly mention for a single constitutional amendment. The reason is because GB does not fall under its constitution.
3. No citizen of GB has the right to appeal in the Supreme Court of Pakistan, that is why Petition No 11 and 17 of 1994 was filed by Al-Jehad Trust and decision came in 1999.
4. Since 1999, the people have no access to Justice and no petition can be filed against Human Rights violation.
5. govern through their chosen representatives, what Supreme Court of Pakistan had said, has not been given so far. Rather all the rights including fundamental rights have been snatched
6. Now what Justice Muzaffar has narrated, is another conspiracy to give all the powers to PM of Pakistan, who will become Mughale-azam, if it was implemented and the system for GB people will became like the prisoners of a third word country.
A statement was submitted in Lahore High Court, by Mr. Shahzad Iqbal Deputy Secretary Kashmir Affairs and Northern Areas (Balawaristan) Affairs Division of Pakistan on behalf of Government of Pakistan, against writ petition No.862, 1990. The Petition was filed by Mr.Qurban Ali, Adv. Shahbaz Khan and Fida Mohammad Nashaad versus State of Pakistan and government of Pakistan.
A paragraph of the said statement of Shahzad Iqbal is as under : –
a. ìIn terms of article 1 (2) of the constitution of Islamic Republic of Pakistan, Northern Areas (Balawaristan) does not form part of Pakistan. This area is linked with the main Kashmir issue which is under consideration in the UN for the last 50 years.
Second paragraph of his statement : –
b. Grant of constitutional status tantamount to unilateral annexation of Northern Areas (Balawaristan) with Pakistan, which will be against Pakistan stand on Kashmir issue in international fora.
c. Till a decision of this dispute (meaning the whole J & K dispute) government (Pakistan) is administering Northern Areas (Balawaristan) in accordance with the provision of United Nations Commission for India and Pakistan (UNCIP).
Mr. Shahzad continues his statement and says :
d. While administering Northern Areas (Balawaristan) in accordance with the provision of UNCIP resolution in exercise of its powers as provincial government for the area had been extending federal laws to these areas through special powers as are considered necessary and expedient in public interest.î
(Petition No 11 and 17 of 1994 THROUGH Al Jehad Trust of Pakistan) in the Supreme Court of Pakistan against the denial of basic Human Rights to the people of occupied Balawaristan (Gilgit Baltistan) in 1994. In reply against this petition:
Attorney General of Pakistan Ch. Muhammad Farooq against petition No 11 and 17 of 1994 in S. Court of Pakistan stated:
ìThe Chief Court Northern Areas shall exercise all powers and perform all functions which were being performed by the Court of Judicial Commissioner, being the highest court of judicature in the Northern Areas.î
The above said verdict of Supreme Court of Pakistan and statements of government of Pakistan through its Attorney General in Supreme Court of Pakistan clearly shows, that neither there is any High Court nor the 2 million indigenous people of Gilgit Baltistan have the right to appeal in Supreme Court of Pakistan, because of its disputed nature in UNCIP. Due to such flaws in the justice system, the judges of the lower courts with the extra judicial powers can hang anyone without giving him/her the right of appeal. In such circumstance one can imagine how justice system works under the corrupt politicians of Pakistan and permanent Military Rule (like a war zone), who deal this land without any constitution and law. The words of the President of Pakistan, Prime Minister of Pakistan, Minister of Kashmir Affairs and Gilgit Baltistan Affairs Division Islamabad, Pakistani Minister of Law or Secretary of Law, Secretary of Finance or Secretary of Establishment become law for this un-constitutional 72000 Sq. Kms disputed area, whose people are still waiting for justice since the occupation of Pakistan on 16 Nov. 1947.
According to the constitution and law of Pakistan and UNCIP resolutions, Gilgit Baltistan does not fall under the jurisdiction of Pakistani courts. Pakistani imposed Court which is presided by any Pakistani Session Court Judge or retired High Court Judge, now has exactly same powers that of Judicial commissioner of the past, hence only designation & form has changed. The same powers of Judicial Commissioner are given new name to the old system as Chief Court or Appellant Court, consisting of 3 or more than 3 persons in place of one Judicial Commissioner. These people have the powers without law to award death sentence or life imprisonment to the local indigenous people of Gilgit Baltistan without giving them the right to appeal in High Court or Supreme Court of Pakistan or elsewhere.
The following were given death sentence without giving them the access to High Court and Supreme Court. This is the region, where there is no High Court and Supreme Court.
1-Shkoor khan resident of Minor of Gilgit executed
2-Brather resident of Tangir of Diamar district waiting for execution
3-Shabeer Hussain resident of Astore, who is absconding.
The following are waiting for execution
1-Ehsanullah resident of Bargot
2-Juma Khan resident of Majini Mahla, Gilgit
3-Naveed Hussain resident of Bargo.
4-Shah Mir Hussain resident of Majini Mahla, Gilgit
5-Attiq Hussain resident of Majini Mahla , Gilgit
The following have been given life imprisonment.
1-Imran resident of Astore
2-Sakhi Ahmed khan resident of Hunza
3-Hussain Ullah Baig resident of Jalalabad, Gilgit
4-Shertullah resident of Yasen
5-Miro resident of Danyore, Gilgit.
Many People have been given death sentence and many are waiting for their turn to be hanged in Gilgit and others are languishing in Jails since the verdict against them came from lower courts, it is considered extra judicial murder.