The writer is a prominent lawyer and a member GB council - tweets @amjadhussainazar |
Supreme Court of Pakistan is
enjoying popularity about the taking of suo-moto judicial notices
regarding the injustices taking place in the society and inequities with the
communities in Pakistan.
The 1.5 million people of GB are looking for intervention of the apex court of the country about the behavior of central government and policy of bulldozing the provisions of the constitution and democratic norms.
The failure of supreme court to
take judicial notice regarding the violations of the provisions of
constitution by the federal government for getting desired results in the
upcoming general elections of GB, will affect the sanctity,of the apex
court.
Supreme court being the guardian of the constitution should take judicial notice regarding controversial appointments and rolling back of limited autonomy of GB.
Supreme court being the guardian of the constitution should take judicial notice regarding controversial appointments and rolling back of limited autonomy of GB.
The preamble of the constitution guaranteed fundamental rights including equality, of status, of opportunity and before law social economic and political justice and freedom of thoughts, expression,belief, faith etc
The constitution of Pakistan is not only a social contract between the provinces only but it is a trust deed, which binds people of Pakistan, society and the state.
The honest commitment to the goals set out in the constitution would ensure promotion of nationhood in the country.
The government is bound to work with in its limits proscribed by the constitution and the law.
It is historical fact that two
princely states of GB, Hunza and Nagar through rulers acceded their
respective territories with Pakistan back in the year 1947 with the
father of nation Qaid Azam Mohammed Ali Jinmah, who accepted the accession
as governor General of Pakistan.
Later on the the people of
District Diamer also executed an agreement with the government of Pakistan
acceding the territory of Diamer with Pakistan.
It is pertinent to mention here
that the territories of GB as a whole are neither undisputed nor could be
termed as part of Jammu and Kashmir state.
Two princely states Hunza,
Nagar, four political districts of kohi Ghizar, and Diamir, Darail, Tangir are
undisputed parts they never remained under Jammu and Kashmir suzerainty
according to British archaeological record.
Whereas the remaining parts
of GB,i.e Gilgit, astore, skardu, ghanchi remained under suzerainty of
Jammu and Kashmir till 1947, but on 1st November 1947 the people of GB liberated
themselves from Doghra rule and formed independent government thereafter
acceded GB with Pakistan through the president of state of GB.
That despite having valid
accession with the father of the nation Qaid Azam Mohammed Ali Jinnah almost 67
,years lapsed the people of GB haven’t been recognized as citizens of
Pakistan rather the 1.5 million people have been defrauded on the pretext
of kashmir issue.
In the year 2009 the ppp led
government introduced GB empowerment and self governance order whereby
provincial powers to some extent were delegated to the people of GB, without
giving representation in the mainstream national forums.
Later on 18th amendment was
introduced in the constitution which completely restructured the
relationship of units with the federation and delegated more powers,
provincial autonomy, ownership and authority over the natural resources
to the provinces despite enhancing the financial shares of the units.
The provincial autonomy of the
provinces have been protected under 18th amendment, the people of the
provinces were given authority to be govern by their own chosen
representatives, which is the essence of the democracy and the constitution of
Pakistan.
Under the provisions of
constitution and preamble,the state is duty bound for equal treatment with the
units, but unfortunately the people of GB have deliberately been kept
outside the domain of the constitution of Pakistan thereby the autonomy,
equality of status, and of opportunities guaranteed under the
constitution were practically denied to people of GB.
The limited autonomy of the
orphaned unit of Pakistan were rolled back,during the last three months by
introducing unilateral amendments in legal framework of GB.
Government of Pakistan is bound
to abide by the provisions of constitution of Pakistan and GB empowerment
order being subordinate regulation can not have preference over
constitution.
Article 143 of the constitution
provides that if there is any contradictory provision between federal and
provincial legislation provisions of the constitution being the supreme
law of the country had to be prevailed, but unfortunately no body has bothered
the mandatory provisions article 101(2) & 103 of the constitution
while making appointment of the Minister for kashmir affairs as governor
for GB.
Article 101(2) prohibits
appointment of non voter,non resident person to portfolio of governor of the
province, where as article 103 of the constitution says that if a member of
parliament is appointed as governor his seat in parliament shall become vacant
on the day he enters upon his office
Minister Kashmir affairs Birjis
Tahir without resigning from membership of national assembly is holding dual
office by violating the article 103 of the constitution of Pakistan.
Why 1.5 million people of GB have
been declared disqualified, incompetent, ineligible, for the post of governor
which was the unalienable right of the of region.
Although GB empowerment order
doesn’t prohibits appointment of non resident of GB as governor but article 20
of the empowerment order 2009 is a contradictory provision with the
article 101(2) of the constitution of Pakistan.
Article 95 of GB
empowerment order and article 143 of the constitution of Pakistan clearly
states that in case of contradictory provisions federal legislation shall
prevail and provision of provincial legislation shall be void.
The PMLn government in order to
get desired results violated all the norms and the provisions of the
supreme law of the land.
The decision of the appointment
of Minister Kashmir affairs is equivalent to declared 1.5 million people
of GB disqualified incompetent ineligible to become governor for GB.
There is no prohibitory
provision in the constitution of Pakistan for giving the democratic
rights and provincial autonomy on pattern of 18th amendment to the
people of GB.
The 21st amendment of the
constitution of Pakistan has been extended in GB without any hesitation even by
violating the democratic norms by the prime Minister of Pakistan without taking
the highest legislative forum GB council into confidence.
The natural resources,
wealth, potentials and the geographical importance the GB have always
been considered undisputed. pak China economic corridor project mostly
passing through GB, and for construction of Diamer Basha dame project
the GB hasn’t bn considered disputed territory.Taxes are being
collected from GB by declaring it undisputed part of Pakistan even imposed
incompetently by the parliament of Pakistan but the 1.5 million people of GB
have been considered disputed for availing fundamental, democratic,
constitutional rights, the provincial autonomy, the right of self
governance, the right of ownership over resources, the extension of
the benefits of 18th amendments, the protection of articles101(2),
and the authority of the provincial government guaranteed under
article 167 of the constitution, representation, in council of common interest,
national finance commission, sovereign authority of signing MOU and borrowing
debt, authority for utilization of natural resources for the warfare of people,
have always been denied without any legal foundation just on pretext that GB is
disputed territory.
The historical facts hadn’t been
accepted by the Pakistani ruling class, rather taken GB as granted Which
had given rise serious questions in the minds of young educated class of Gilgit
Baltistan.
Whether fundamental, political,
democratic, of the people, and the rights of ownership over the land as well as
natural resources of the region, the financial rights protected by the
constitution of Pakistan can be refused to the people on the ground hailing
from disputed territory, the obvious answer will be no but people of GB have
been constitutional rights and protections on sole ground of hailing from so
called disputed territory.
The people of GB are feeling
narratives less voice less because of the reasons that nobody in this is ready
to listen the problems of the farthest and smallest unit of Pakistan, the
attitude of willful ignorance will ultimately result GB the next Baluchistan
for Pakistan.
The chief justice of Pakistan and
chief election commissioner Pakistan are requested to take suo moto judicial
notice against the controversial appointmentss and for the fundamental
democratic constitutional rights of 1.5 million people of Gilgit Baltistan the
parent less region.
Source: Pamir Times
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