Gilgit-Baltistan Judge appointments stalled as court discusses legislative solutions
The Advocate General of Gilgit-Baltistan acknowledged that the appointment of judges has been stalled due to an existing stay order. Justice Muhammad Ali Mazhar suggested that lifting the stay order could pave the way for the appointment of judges through a consultative process.
Justice Jamal Mandokhel questioned why Parliament has not yet addressed this matter through legislative means, to which the Attorney General responded that such action would require a constitutional amendment by Parliament.
Justice Mandokhel emphasized that Parliament has the option to amend the Proposed Order of 2019 to facilitate the appointment of judges.
Advocate Asadullah expressed objections to the Order of 2018, citing a 2020 ruling from a seven-member Supreme Court bench that necessitates its implementation.
Justice Mandokhel further opined that the Proposed Order of 2019 should be presented to Parliament for legislation, although the Attorney General reiterated that they do not support or endorse this Proposed Order.
Advocate Asadullah Khan argued that while the interim government in Gilgit-Baltistan is acceptable, they do not accept its implications for judge appointments.
The Advocate General of Gilgit-Baltistan revealed that the backlog in the Gilgit-Baltistan Supreme Appellate Court consists of eight thousand cases pending due to the lack of judge appointments.
Justice Mandokhel pointed out that the Order of 2018 remains effective in Gilgit-Baltistan and suggested that if the federal government disapproves of the Proposed Order of 2019, it should draft a new order to address the issue.
He found the Proposed Order of 2019 reasonable and urged for either legislative action on it or the creation of a new one.
Justice Ameen-ud-Din Khan instructed that judges be appointed under the Order of 2018, while the Attorney General opposed any conditional appointments in Gilgit-Baltistan.
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Justice Muhammad Ali Mazhar expressed concerns about delays in justice delivery within the region, stressing the need for timely judge appointments.
Attorney General Mansoor Usman Awan remarked that future appointments of judges under the 2018 Order would be more favorable for the federal government.
Advocate Asadullah Khan noted that they do not object to the appointment of four out of five judges while raising concerns regarding one particular appointment that was not made under Section 34.
The court decided to proceed with hearing the case on merit; however, the proceedings were adjourned until the following day as Attorney General Mansoor Usman began presenting his arguments.
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