, has petitioned the Supreme Court to hear){kind=link}
G-B CM moves SC: Khalid Khurshid Khan, the chief minister of Gilgit-Baltistan (G-B), has petitioned the Supreme Court to hear his constitutional case, which contests the appointment of a judge and the extension of three justices of the region’s top court by the Pakistani government.
Through seasoned attorney Makhdoom Ali Khan, the chief minister filed a case under Article 184(3) of the Constitution in September of last year, designating the federal government, the governor of G-B, and recently appointed Judge Chief Court Javed Ahmed as respondents.
As a result of a summary motion made by G-B Governor Syed Mahdi Shah, Prime Minister Shehbaz Sharif granted an extension to three judges of the G-B Chief Court on September 16. Someone started the summary without the chief minister’s input.
The registrar’s office later returned the petition with seven objections. The G-B CM responded to the objections in the interim by submitting an appeal in the chamber, which Justice Munib Akhtar heard.
In November, Justice Munib Akhtar rejected the appeal in the chamber and stated in a four-page ruling that “at first glance, the objections raised by the office are inadequate to rule on Chamber Appeals of this nature.”
The judge pointed out that the Civil Aviation Authority case had addressed the topic of governance in G-B and its concomitant difficulties, including the accessibility of fundamental rights to the populace.
The CM said in his new application that the Gilgit-Baltistan people would suffer irreparable damage and harm if the plea was denied.
The argument claims that the nomination and extension of superior courts justices from G-B violated the principles of access to justice, independence of the judiciary, rule of law, and fundamental rights.
“Alleged Unconstitutional Appointments and Extensions in the Supreme Appellate Court and Chief Court of Gilgit-Baltistan”
Without any consultation or advice from the elected government (i.e. the chief minister and cabinet), someone is allegedly appointing, confirming, and extending the terms of the chief judge, judge of the supreme appellate court, and chief judge and judges of the chief court, in violation of the clear provisions of the G-B order and the petition currently before the honorable court.
The application further stated that this is obviously unconstitutional, illegal, and without any legal standing.
According to the application, the respondents are overstuffing the supreme appellate court and the chief court of Gilgit-Baltistan with PML-N nominees.
The statement proclaimed that “all such appointments are unwise, lack legal validity, and have no lawful impact.”
According to the application, the petition presented issues of general concern regarding the protection of constitutional and other fundamental rights granted by the Constitution. An urgent hearing was necessary to address the stated issues.
The chief minister has reportedly already submitted three early hearings. The lawsuit hasn’t yet been resolved, though.