Tuesday, March 4, 2014

CHALLENGE TO HAFIZ APPOINTMENT



File Photo contributed by Qamar Bibi
It's a shock for the ex-powerful state Yasen (Yasin), which was already facing serious marginalization in all the departments of life, that its native son's appointment has been challenged in the so-called High Court and Supreme Appellate Court bars in Chief Court. 

It's shocking that a group of lawyers who claim to be custodians of the law have mentally accepted the so-called Chief Court as High Court and so-called Appellate Court as Supreme Court. Their claims to the membership of High Court Bar suggests that the lawyers do not bother whether High Court and Supreme Court and its Bars have the legal and constitutional obligation or not. 

The so-called Chief Court and Supreme Appellate Courts are administrative Courts and have nothing to do with constitution. Both of these Courts have been established by the administrative order in 2009. Anybody, organization and particularly a court without constitutional protection is called unconstitutional. 

I would like to remind the so-called High Court Bar members, who have submitted their so-called writ, that it can only be filed in a constitutional High Court and Supreme Court not in Gilgit Baltistan Administrative courts. It's astonishing why the so-called bars are showing their open prejudice against the people of Yasen, whose native inhabitant has been appointment as Chairman of Services Tribunal as per the so-called self-empowerment order 2009, which allows the governor to do so, in the same manner as it appoints anyone for the posts of judges. These lawyer bodies never raised their voices against the establishment of an unconstitutional system in 2009 administrative package. Why these lawyers turned their sights the other way when the due rights of the people of Yasen were being violated for decades in all the departments including Judiciary, Police, administration and other departments. It should be noted that even a petty post of ASI Police, head constable, and 3rd class magistrate were being recruited and deputed from outside of Yasen till today and the people of this area never protested against such an act of discrimination. 

In the whole era starting from 1947, Yasen was completely marginalised. It became worsen since 1967 onwards, when the revolutionary people of Yasen rose against Rajgi System, while the whole Gilgit Baltistan were under Rajas till 1974. In spite of recruiting and appointing from Yasen, outsiders were rushed to this area, which was flagrant violation of the rights of the people of Yasen. There was no room for officers in Military, Police and Judiciary until few years back, in spite of its glorious Military history. Even today the number of offices from this area in different departments is less than a mere double digit figure. 

The so-called Bars had never raised their voices when Politicians were appointed as judges. These Bars had never dared to raise their voices when General Zia and other governments of Pakistan disregarded merit and they did not appoint an outstanding law officer as the Judge, when he was the most deserving person among the contenders during Martial Law. It's an irony, that why the conscience of these lawyers was asleep when they did not file any writ, when innocent people of Hunza were being treated as terrorists, on the occasion when they demanded for help peacefully. Instead of trying to seek justice the killers of two innocent protestors were let free and later awarded. The conscience of these lawyers did not shake and they did not file any writ, when innocent people of Gilgit Baltistan were being massacred by identifying their faith marks on their bodies and the terrorists were let free and never brought to justice in spite of the undeniable video evidence. The so-called Bars never bothered when a particular area was being awarded by violating the merits in appointments for Judges, Police offices and other departments. 

It's our humble request to these respected lawyers to open their eyes and give up their biased attitude towards an outstanding law officer Mr. Haiz Ur Rehman of Yasen, who has been appointed as Chairman of Services Tribunal. Or else these lawyers should also challenge the whole Empowerment package of 2009 in any constitutional Court, which suits them, if they have genuine grievances against the so-called Empowerment package of 2009. This so-called Empowerment package adjudicates powers to the governor to appoint Service Tribunal chief and its members. Otherwise, without challenging this Empowerment package the selective opposition to one person, who belongs to one of the most deprived areas will be taken as a gross act of discrimination and marginalization by the people of Yasen. If this position had been awarded to someone from the same privileged areas which dominate in Judiciary, Police, Administration and other departments, these lawyers would have never challenged. If the appointing Authority had been outside of Gilgit Baltistan, these lawyers would have never challenged his authority. 

Yasen which is the most neglected and one of the ancient states now, despite ruling the whole Gilgit Baltistan and half of Chitral for centuries, it's the time to compensate this region by appointing more and more educated youth on high posts in Judiciary, Police, Military and administration to bring this area at par with other areas of Gilgit Baltistan. 

I urge that the government of Pakistan must take this issue on priority, so that due to the deprivation among the youth of Yasen, no one feels marginalised. 

NOTE: BNF does not accept the so called package of 2009 and its whole system as genuine and demand for freedom from hatred policy, tyranny, discrimination and injustices. 
Abdul Hamid Khan, Chairman Balawaristan National Front

1 comment:

  1. A very well articulated piece indeed! if you talk about merit then this decision is wise. All know that Mr. Hafeez was a strong candidate for cheif judge in past, but again this dirty politics played its role to keep him away. At this moment all the professionals, writers, and other member of yasin should raise their voice strongly.

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