Review your verdict, my lord
By Dj Mathal

THE Supreme Appellate Court, the apex court of Gilgit-Baltistan, in its 91-page verdict on a suo motu case has declared that Gilgit-Baltistan is the indispensable and integral part of Pakistan under Article 258 and 175 of the constitution of 1973. As such, it further observed, the Gilgit-Baltistan Self Governance and Empowerment Order 2009 neither contravenes the constitution of 1973 nor is out of the ambit of the jurisdiction of the country's Supreme Court. Therefore, all verdicts handed down by the apex court of Pakistan are applicable in Gilgit-Baltistan. The three-member bench of the appellate court was headed by its Chief Judge Justice Mohammad Nawaz Abbasi, who also authored and announced the judgment. The verdict is being considered as a cornerstone in changing the political paradigm of the region not only locally but also at the international level. Though the apex court of Gilgit-Baltistan has come out with the judgment in a case seeking basic rights for the lower judiciary of the region, it had, in our view, no jurisdiction and locus standi for making many of the sweeping observations.The British while departing from the region divided the Indian subcontinent into two parts under its June 3, 1947, plan and handed over the reigns to the elected representatives of the two countries. Under the same plan, the princely states of the subcontinent were given the choice to join any of the two states keeping in view their geographical considerations and wishes of the people. The Maharaj Sikh ruler of the 90 per cent Muslim majority state of Kashmir consisting of three provinces of Jammu, Kashmir Valley and Gilgit-Baltistan, claiming to respect the wishes of his subjects declared to keep the status quo of the region for the time being. However, when armed tribesmen from Pakistan entered the state to liberate the Muslims, the Maharaja allegedly declared to merge the state with India. When the incident led to India-Pakistan war India took the issue to the United Nations and promised that a plebiscite would be held in the state under the auspices of the world body as soon as the situation normalizes in the region to ascertain the will of the people about their future. However, despite the passage of so many years the issue could not be resolved and the matter is still pending with the UN. The promised plebiscite under the UN mandate still has to be held to ascertain the view of the masses of the region. Till such a plebiscite, the UN has sanctioned formation of governments in both the states under Pakistan and India to run their day-to-day affairs. It means both the governments of Pakistan and India are supposed to look after the matters regarding external defense of the states while for running the internal affairs of the states the locals have to elect their own representative governments. Under these resolutions of the UN, local authorities were established in Azad Jammu and Kashmir and Gilgit-Baltistan. Pakistan inserted article 74 in its constitution of 1973 for formation of government in AJK. Under this act, an autonomous government is functioning in the state with its own president and prime minister. Besides, the state has its own supreme and high courts as well as legislative assembly, public service commission and the department of accountant general.On the contrary, however, the people of Gilgit-Baltistan, who got themselves liberated from the yoke of the Dogra Raj by sheer force, have been kept deprived of all basic rights for the last over six decades and their political independence made conditional to the future plebiscite under the UN. This is despite the fact that the government of Pakistan acknowledges Gilgit-Baltistan to be an equal party to the dispute of Kashmir.Now my Lord, with great respect it is stated that you have completely ignored the UN resolutions on the issue while handing down your lengthy verdict. My lord, if it is accepted that Gilgit-Baltistan is an integral part of Pakistan and also comes under the jurisdiction of the Supreme Court and the constitution of Pakistan, then why the people of Gilgit-Baltistan have been denied their due rights for the last 63 years? My lord, why the region has not been given representation in the Senate and National Assembly of Pakistan? My lord, will not your verdict put negative effect on the freedom struggle of Kashmir? Will it not strengthen the stance of India that Kashmir was is its jugular vein where it has already set up representative government and given its people representation in Indian parliament? We consider that the judgment of the court as a whole is incomplete and needs revision though the sections relating to the rights and powers of the lower judiciary deserve merit and appreciation.Gilgit-Baltistan is part of the issue of Kashmir and as such the jurisdictions of the constitution and Supreme Court of Pakistan do not apply to the region. There is always a possibility of reviewing judgments of courts for ensuing justice and in the latest case it becomes all the more necessary because the verdict would have far-reaching effects on the issue of Kashmir. There is also the possibility that a section of the people in Gilgit-Baltistan may agree with the judgment but it should be kept in mind that Gilgit-Baltistan as a whole is facing a political turmoil. It is the need of the hour that we take every step with utmost care considering the sensitivity of the issue.

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