AAJ TV NEWS
GB order 2009 order challenged in SC
Thursday, 4 Mar, 2010 2:02 pm
ISLAMABAD : Gilgigt-Baltistan (GB) order 2009 has been challenged in Supreme Court (SC) on Thursday, Aaj News reported.
According to the report, Shafqat Ali Khan, a resident of Gilgit-Baltistan challenged the GB order 2009 under article 124 (3) of the constitution.
Petitioner was on the view the status of GB was not clear in the order, questioning if GB is the region of Pakistan or Kashmir.
He also said the order does not constitute sovereign administration, parliament and judicial system.
Referring United Nations resolution, petitioner said Gilgit-Baltistan is an area of Kashmir and it can not be changed unilaterally.
Petitioner asked the court to announce the order as void ab initio, to give constitution to Gilgit-Baltistan and to constitute Azad Kashmir styled institutions for Gilgit-Baltistan.
DAILY TIMES
Gilgit-Baltistan Order 2009 challenged in Supreme Court
Staff Report
ISLAMABAD: A petition seeking the declaration of the Gilgit-Baltistan (empowerment and self-governance) Order 2009 as ‘ultra vires’ of the constitution was filed in the Supreme Court on Thursday.
The petition was filed by Shafqat Ali Khan – resident of Panyal tehsil in Ghizar district – under Article 184(3) of the constitution through Muhammad Ikram Chaudhry advocate, making the federal government the respondent in the case.
The petition contended that the 2009 order was in total negation of the rights of citizens belonging to Gilgit and Baltistan and in disregard of the constitution. “The Gilgit-Baltistan Order 2009 gives a formula that is inconsistent with the constitution, thus it is liable to be cancelled and declared ultra-vires of the constitution”, the petition said.
It said the order of 2009 is also against the SC judgement of 1999 SCMR 1379, where the apex court directed the federation to take appropriate steps to ensure the right to self-rule and independent judiciary for the Northern Areas of Pakistan.
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Gilgit-Baltistan Order 2009 challenged in Supreme Court
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A petition seeking declaration to ‘promulgation of Gilgit- Baltistan (empowerment and self-governance) Order 2009’ as ultra vires of the constitution was filed here in the Supreme Court on Thursday.
The petition was filed by one Shafqat Ali Khan, resident of Tehsil Puniyal, District Ghizar under Article 184(3) of the Constitution through Muhammad Ikram Chaudhry advocate making the Federation of Pakistan as respondent.
It was contended in the petition that the order 2009 was in total negation of the rights of the citizens belonging to Gilgit and Baltistan and in disregard of the Constitution of Pakistan. “The order of 2009 gives a formula inconsistent with the constitution, thus it is liable to be cancelled and declared ultra-vires of the constitution”, the petition said.
It said the order of 2009 is even against the directions issued by the Supreme Court of Pakistan in 1999 SCMR 1379 etc and does not envisage an independent judiciary nor does it guarantee the fundamental rights to the petitioner and public at large as envisaged by the constitution and law.
It stated that the order 2009 being another executive order and not a constitution like the one in AJK (1947) has confused the status of Gilgit Baltistan further. Besides it is in negation of rights of Gilgit Baltistan citizens who liberated the same through enormous sacrifices and struggle from alien occupants and Dogras in 1947 and annexed by Pakistan, the petition said.
It said the order is discriminatory, a bad law, against the constitution and law of Pakistan and violation of the Supreme Court judgment on Northern Areas and commitment to one part i-e AJK citizens and denial to another.
The petition contends that the order indeed only shows that the federal government was in-charge and superintendent of the will of the people and the areas were governed through Executive Orders in contra-distinction to the position and the status enjoyed by the federating unit in Pakistan or AJK.
The order shows that another Supreme Appellate Court for the area having a disputed status unlike other independent provinces has been established which was against the constitution as amended upto date whereby no two Supreme Courts could be established, the petition said.
The petitioner prayed that his petition be accepted and it may be declared that the Gilgit- Baltistan (empowerment and self-governance) Order 2009 is without jurisdiction and corrum non judice being ultra vires of the constitution and the institutions created thereunder may also be declared as without legal effect.
Gilgit-Baltistan autonomy act challenged in Supreme Court.
ISLAMABAD, March 04, 2010 (Frontier Star): Gilgit-Baltistan autonomy act enacted by federal government has been challenged in Supreme Court (SC). The petition has been filed by a resident of Gilgit-Baltistan Shafqat Ali Khan Ali Khan is a citizen of Pakistan, and a permanent resident of the United States.[1] One of his sons, Majid Khan, was held in extrajudicial detention, in secret interrogation centers, run by the CIA, for four years. whereby he has taken plea the citizens of Gilgit and Baltistan have been deprived of fundamental rights through legislation of Gilgit-Baltistan act. Comparing this law with Jammu Kashmir autonomy act he said the citizens of Gilgit and Baltistan had been deprived of the fundamental rights which the citizens of Jammu and KashmirJammu and Kashmir: see Kashmir.
Jammu and Kashmir
State (pop., 2001: 10,143,700), northern India. With an area of 39,146 sq mi (101,387 sq km), it occupies the southern portion of the Kashmir region of the northwestern Indian subcontinent and is
were enjoying. He took plea under Gilgit-Baltistan Simla agreement and in accordance with UN resolution they were considered part of Azad Jammu and Kashmir. Therefore, government of PakistanGovernment of Pakistan (Urdu: حکومتِ پاکستان), The Constitution of Pakistan provides for a Federal Parliamentary System of government, with a President as the Head of State and an indirectly-elected Prime
..... Click the link for more information. could not make such legislation under which they were determined as new state. Making the federal government as respondent in this petition, the petitioner had prayed either the autonomy being enjoyed by citizens of Jammu and Kashmir be accorded to the citizens of Gilgit and Baltistan or it be given the status of a province.
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