–Restoration of GB Order 2018 surprises locals who had protested against then PML-N government’s decision in May
ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Wednesday restored the Gilgit-Baltistan (GB) Order 2018 and ordered the government to ensure equal rights for the people of the region, overturning the suspension by Supreme Appellate Court.
In June, President Mamnoon Hussain had approved the GB Reforms Order 2018, replacing the old GB Self Governance Order 2009, notwithstanding widespread opposition to the reforms package. As per the new Order, the prime minister had been given the authority of legislation over 68 subjects and to overrule any law passed by GB Assembly.
While hearing the case, CJP Nisar observed that “the government needs to ensure that the people of GB have the same respect and rights as all other citizens of the country.” He said the SC accepted the Centre’s request against the GB court on the 2018 order as it is the government’s responsibility to ensure that people of the region get basic facilities.
In the final order, various amendments had been made where the entire subject of judicial reforms in the area has been deleted keeping the judicial chapter of order 2009 intact in the new one. Earlier, through the proposed judicial reforms, judges of superior courts including Gilgit-Baltistan Supreme Appellate Court and GB Chief Court were to be appointed from the region through a proposed committee.
The government officials had claimed that as compared to 2009 Empowerment Act, the new order was considered as more comprehensive, wide-ranging and all-inclusive as the powers vested in the GB council, including passing legislation regarding mineral, hydropower and tourism sectors that had been shifted to the GB Assembly.
SC ORDER SURPRISES GB:
The local residents had largely rejected the GB Order 2018 introduced by the previous government of Pakistan Muslim League Nawaz (PML-N) for being contrary to their wishes. The Supreme Court’s decision of restoring the same order on Wednesday has surprised many in the region.
Interestingly except PML-N, the ruling party in GB, all political, religious parties and civil society were against the GB order, which according to them made prime minister in the Centre more powerful in GB affairs. Since the Chief Justice, during his weeklong visit to GB, was informed about grievances of the residents in the area, they were expecting a decision against the Order 2018. However, contrary to the expectation of people in GB, the superior court decided in favour of the petitioner, ministry of law, which challenged the suspension of GB Order 2018 by a GB court.
Soon after the development at SC, people in GB started giving their reactions on social media and other forums. They were largely unhappy over the decision saying that the chief justice should not have restored the new order as the order, they claim, gives the prime minister the authority of legislation over 68 subjects and to overrule any law passed by GB Assembly.
However, sources say, the court may evaluate the order and decision GB Court in next hearings of the case.
The GB Order 2018, which was promulgated in May, replaced the GB Empowerment and Self-Governance Order, 2009. The new order is said to provide political, administrative, financial and judicial powers to people in the region. Moreover, the new order shifted powers from the GB council — including those related to passing laws on mineral and tourism —to the GB Assembly.
However, many people in GB voiced objections to the order, including a member of the GB Council, Saeed Afzal. Afzal, who had filed the petition before the law was promulgated, was of the view that the new order should not be introduced till their tenure was completed.
Nevertheless, the federal government promulgated the GB Order 2018 during the last days of its tenure.
Earlier, in May, several people were injured as police fired tear gas and resorted to aerial firing in Gilgit to stop protesters approaching the GB Assembly for a scheduled sit-in against the newly introduced Order 2018.
The protests came after the government introduced governance order 2018, terming it an improved version of Governance Order 2009 introduced by the Pakistan People’s Party in 2009. However, the new package failed to impress the local politicians who announced the launch of region-wide protests.
The incident came a day before then-PM Shahid Khaqan Abbasi was scheduled to visit Gilgit where he was to announce the 2018 reforms package in the assembly.
