Gilgit: The Gilgit Baltistan
Bar Council thanked, appreciated and loaded the sincere efforts of Respected
Members of Senate of Pakistan Mr. Afrasiab Khattack
Chairman and its team particularly Senator Raza Rabani, Farhat Ullah Babar
& Mushahid Hussain for taking serious notice of Human Rights
violation in Gilgit Baltistan with special reference to deprivation
of constitutional rights of the people and bringing this issue on the agenda
of the Standing Committee on Human Rights of Senate of Pakistan, said the
statement issued after an extra ordinary meeting presided over by its vice
president Mr Shehbaz Khan advocate.
The meeting hoped that the
Chairman and Members of the committee will raise the issue in the Senate by
tabling a resolution on this sensitive issue of denial of fundamental rights to
the people of Gilgit Baltistan since 67 years of liberation, making this region
left on the global earth as the only area having no constitutional
status even in this 21st century.
The meeting reiterated that the
Gilgit Baltistan is not a parasite or burden on the economy rather a strategic
asset of Pakistan being a Jugular Vein in all respects because
of its geographical, stratigical & economical importance.
Unfortunately the rulers
sitting in Islamabad never bothered to realize this fact by treating the people
and the region accordingly by bringing them at par with the other parts of
Pakistan or AJK or even Indian Occupied Jammu & Kasjmir in terms of
constitutional & political rights despite the fact that the UNCIP
resolutions, to whom Pakistan being a “signaturee” is under
obligation to give the people of Gilgit Baltistan a “Local Authority” as given
in the cases of other parties of J& K and AJK of Kashmir
Dispute.
The meeting declared that the
denial of fundamental Rights guaranteed under a constitution
to the People of Gilgit Baltistan since 1947 is not only a violation of
United Nations International Charter of Human Rights but also a deviation
from the UNCIP Resolutions on Kashmir dispute as well as a deliberate
disobedience of the orders and directions of the Honorable Supreme Court of
Pakistan given on 28th May 1999 to give the people
of GB fundamental rights to govern themselves through their chosen
representatives and access to an independent judiciary “guaranteed under the
Constitution” within 06 months.
The 72000 Sq Km area of Gilgit
Baltistan, was liberated by the local people by themselves and
the Revolutionary Government of Islamic Republic of Gilgit made accession with
Pakistan voluntarily. But surprisingly the area is still undefined
and not made part of Pakistan despite 67 years struggle & demand of people
of Gilgit Baltistan for constitutional amalgamation, which is unique in the
political history of mankind where the history speaks about numerous movements
for separation but none for amalgamation. Practically, the
Gilgit Baltistan is being treated like “an occupied and
conquered colony” by the Ministry of K & GB Islamabad having exclusive powers
to rule this region through remote controlled governing system by legislation
& adaptation of laws through Executive Orders unlawfully
and unconstitutionally in the shape of Frontier Crimes Regulation (FCR) , Legal
Frame Work Orders (LFO,s) & Governance Orders from
time to time since 1947.
Unconstitutional & Unlawful
Legislation through issuance of Executive Orders of Ministry of K & GB
Islamabad in respect of Gilgit Baltistan:
The meeting showed serious
concerns and reservations on the recent issuance of an Executive
Order by the Ministry of K & GB Islamabad officials regarding
terms and conditions of Service of Chief Election Commissioner in Gilgit
Baltistan by repealing the previous GB Chief Election Commission Act passed
by the elected representatives of Gilgit Baltistan Legislative Assembly in
2010. The meeting termed this executive order as an eye opening jolt
which has factually exposed the reality of the so called claim of “Empowerment
& Self Governing rights” given to the people of Gilgit Baltistan .
The decades old remote
controlled colonial governing system of Gilgit Baltistan through Executive
Orders, what so ever made or being made by the Ministry of K & GB
Islamabad, the meeting declared, as totally illegal, unlawful
without authority and unconstitutional as neither people
of Gilgit Baltistan gave such powers nor the Constitution of I R of Pakistan or
Rules of Business 1973 assigned such powers to the Ministry of K & GB
Islamabad to make legislation in respect of Gilgit Baltistan. The meeting
reiterated that all the Ministries and Divisions of the Federal
Government in Islamabad including the Ministry of K & GB Islamabad, are
under constitutional obligation to exercise powers and authority
strictly assigned by the Constitution of IR of Pakistan and the Rules of
Business 1973 thereafter framed. The Entry No. 20 of Schedule II of Rules of
Business 1973 authorizes Ministry of K & GB Islamabad to deal matters of
Gilgit Baltistan upto the extent of policy, planning, development,
coordination with GB Government & Council, processing of Development
Schemes at CDWP and ECNEC level, coordination between Federal Government &
GB Government & Council, population factor in development process &
Zakat & Ushr only. The Rules of Business 1973 or Constitution of I R of
Pakistan does not confer any kind of political, administrative or
legislative powers to Ministry of K & GB Islamabad in respect of
Gilgit Baltistan as happened in case of Ministry of SAFRON Islamabad
empowered to deal with the matters of political, administrative
& legislative of Tribal Areas, being constitutional parts of Pakistan, under
Entry No. 35 of Schedule II of Rules of Business 1973.
Thus any kind of legislation
through adaptation of laws or issuance of executive orders by the Ministry of K
& GB for Gilgit Baltistan, in legal terms, is unlawful, unconstitutional
and without authority and lacks legal sanctity. The meeting decided to
challenge the same before the appropriate forums at the earliest.
The meeting opined
that the people of Gilgit Baltistan are being treated as drum driven
cattle and has been made as sacrifice goats in the
name of so called Kashmir Dispute with a malafide intention to
keep the area & the people under the clutches of colonial system
to deprive the people of GB from their fundamental rights to govern themselves
through their chosen representatives guaranteed under a
constitution as decided & directed by the Supreme Court
of Pakistan vide its judgment given in 1999 (Ref: 1999 SCMR 1379).
The meeting showed its
disappointment on the mishandling with the people of GB by governing them
through bureaucratic executive orders as third grade citizens since
independence instead of giving them the same constitutional &
political rights enjoyed by the actual parties to Kashmir
Dispute, that is, AJK & Indian occupied J &K since long. The
AJK is comparatively in a better position than that of GB having an“Act” based
governing system at least since 1969 & 1974 although not having
a constitutional status yet. At the same time, the people of Indian
occupied Jammu & Kashmir, has got special constitutional status and full
representation in the constitutional forums in Central Government under Article
370 of Indian Constitution since 1948, in addition to
having their own Jammu & Kashmir Constitution passed
by the J & K Constituent Assembly in 1957 .
The meeting regretted to note
that due to continuous mishandling of the “affairs” of Gilgit
Baltistan, situation herein has become very fragile
and alarming. The disappointment has reached up to its maximum level. The
time has come that the Pakistani Parliament , the Supreme Court of Pakistan ,
the Political Government & most importantly the Security
Concerned Institutions of Pakistan particularly the Pak Army, should
come forward without wastage of time and take serious notice of
negative impacts on the people of GB due to severe kind of sense of
deprivation prevailing since 1947.
The meeting pointed out that
the people of Gilgit Baltistan are very much aware of the existence of
the Pakistan China Agreement made in 1963 wherein 2000
Sq Km of Gilgit Baltistan has been given to P R of China in
exchange of 735 Sq km by the GOP. The people of GB have a right to question
legitimacy of this act to sign a pact about the territories of GB, “if it is a
disputed territory”. The people of Gilgit Baltistan are
justified to ask question from the Federation that whether giving
2000 sq km area of GB to China in exchange of just 735 Sq km
area, affected the stance of Pakistan on Kashmir Dispute
??? If not, then how it will affect if the people of
Gilgit Baltistan be given their fundamental rights to govern themselves through
their chosen representatives guaranteed by a “constitution” under
the domain of Local Authority as committed by GOP with UNCIP and enjoyed by the
other parties to Kashmir dispute as well ?? The meeting warned that
further denial of fundamental rights guaranteed under a “Constitution” to the
people of Gilgit Baltistan shall not be in the larger
interest of I. R of Pakistan having crucial political, stratigical
& economical interests in this sensitive region. The dreaming of
making Pakistan an Economical Tiger of Asia through constructing Economic
Corridor crossing 600 Km of GB will not become a reality until and unless the
two million people of GB are not given their due constitutional, political,
social and economical rights.
The Meeting thus demanded
Federation of Pakistan to give the people of Gilgit Baltistan their fundamental
rights to govern themselves through their chosen representatives & access
to an independent judiciary “guaranteed under a constitution” without
further delay. The people of Gilgit Baltistan are human beings like others and
deserve to have same constitutional & political rights enjoyed by the
people of Pakistan or at least same rights given to
the people of Jammu & Kashmir by the Indian Government in 1948 & 1957.
The meeting demanded Federation
of Pakistan to consult the GB Bar Council being the sole
representative statutory body of lawyers community of Gilgit Baltistan while
formulation of any kind of proposal concerning legal and constitutional status
of the area. Any proposal lacking input of representative bodies of
legal fraternity of GB will not be acceptable at all.
I. The
meeting decided to hold a Gilgit Baltistan Lawyers Conference as
well as Political Parties Conference at Gilgit on this sensitive issue
in shortest possible time.
II. The
meeting further decided to sensitize the issue at national level as well by
holding a Conference/Seminar in this regard at Islamabad/ Muzaffar Abad AJK
with the collaboration of Pakistan Bar Council , AJK
Bar Council & Human Rights Commission of Pakistan tentatively
between January - April 2015.
Discouraging
Policy of the GB Government/GB Council & Ministry of K & GB
Islamabad towards Legal Fraternity of Gilgit Baltistan.
The meeting regretted with deep
concern that the Government of Gilgit Baltistan, GB
Council & the Ministry of K & GB Islamabad have showed very
hostile & inimical approach towards legal community of Gilgit
Balitan while making appointments in Apex Judiciary, Administrative
Courts, Services Tribunal, Election Commission and even in the law Related Forum
of Prosecutor General, Deputy Advocate General, Additional Advocate General,
Deputy Prosecutor General, Prosecutors like law related Posts contrary to the
policy and practice prevailing in Pakistan and AJK.
The
meeting condemned & rejected such unfriendly acts of the responsible
personals & formulation of antagonistic recruitment and terms
and conditions of service rules in this regard aiming “ousting” of
the entire lawyers community from the race. The meeting demanded immediate with
drawl of such “legislations” and “rules” and to re enact & reframe
the same by bringing at par with the laws and rules prevailing in Pakistan
& AJK. The meeting further decided to knock the doors of the Apex
Judiciary if the matter not resolved shortly.
Establishment of Administrative
Courts, Amendments In Special Laws for Appointment of Lawyers as Judge
Special Courts
The meeting showed its serious
reservations on the policy of GB Council & GB Government with
regard to appointments in Administrative Courts in GB
& extra ordinary delay in establishment of “separate”
Special Courts of Customs Court, Banking Courts,
Narcotics & Drugs Court, Accountability Court & other Administrative
Courts as functioning in Pakistan & AJK. The Meeting
endorsed apprehensions of the legal community of Gilgit Baltistan regarding
reports of importing non local retired judges & lawyers against
the posts in the Apex Judiciary as well as in Administrative Courts in GB. The
meeting made it clear that any move in this regard shall be opposed with full
force. The meeting demanded the GB Council & GB Government to
make amendments in the relevant Special Laws through Promulgation of Ordinances
to make the Lawyers, having eligibility to be a Judge of High
Court/Chief Court, be Eligible to be appointed as a judge in any
special court as well to tackle the Problem of shortage of District &
Sessions Judges in GB.
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