SC issues notice to federal govt on plea by GB chief minister

ISLAMABAD: The Supreme Court on Tuesday issued notices to the federal government, and the attorney-general over a constitutional petition, challenging the appointment of a judge and the extension given to three judges of the Gilgit-Baltistan’s chief court by the government.

A three-member bench of the apex court, headed by Justice Ijazul Ahsen and comprising Justice Muneeb Akhtar and Justice Sayed Mazahar Ali Akbar Naqvi, heard the petition, filed by Gilgit-Baltistan Chief Minister Khalid Khurshid Khan, challenging the appointment of judges without his consultation.

He had prayed to the apex court to restrain Prime Minister Shehbaz Sharif from making appointments without consultation with an elected government in Gilgit-Baltistan. Makhdoom Ali Khan, counsel for the Gilgit-Baltistan chief minister, appeared in court.

Justice Mazahir Ali Naqvi asked the learned counsel if the chief justice of Pakistan was not consulted on the appointment of judges in Gilgit-Baltistan. Makhdoom Ali Khan replied that, as per law and on the advice of the chief minister of the region, the governor should send the names to the prime minister for their appointment as judges.

Meanwhile, the court issued notices to the federal government and the attorney-general and adjourned the matter until March 1. GB Chief Minister Khalid Khurshid Khan had filed a petition in the apex court last year in September under Article 184(3) of the Constitution through Makhdoom Ali Khan and made the federal government, GB governor, and newly-appointed judge of the Chief Court Javed Ahmed respondents.

He had submitted that Prime Minister Shehbaz Sharif had bypassed the elected government in the appointment of the GB Chief Judge judges of the Supreme Appellate Court. He had further submitted that, as per the Gilgit-Baltistan Order 2018, consultation with the elected government was mandatory for an appointment.

He had further informed the court that Prime Minister Shehbaz Sharif had given an extension to three judges of the GB Chief Court on September 16, following a summary moved by GB Governor Syed Mahdi Shah. However, the summary was initiated without consulting the chief minister.

The Register’s Office of the Supreme Court had returned the instant petitions with objections, to which the petitioner then filed a chamber appeal against the objections. His appeal was later heard by Justice Muneeb Akhtar in the chamber.