GB judges appointment case: PM not bound to follow governor’s advice, says AG

ISLAMABAD: Attorney General (AG) Mansoor Usman Awan on Thursday conditionally opposed the appointments of judges in Gilgit-Baltistan saying that the prime minister is not bound to follow the advice of the governor.

A five-member constitutional bench of the apex court headed by Justice Aminuddin Khan heard the case of appointment of judges in Gilgit-Baltistan judiciary. The bench declared that the instant case be heard on merit.

During the hearing, Justice Jamal Khan Mandokhail while reacting to Attorney General’s stance remarked that this means the prime minister can do whatever he wants — it becomes a one-man show. “Why doesn’t parliament legislate to resolve this matter”? Justice Mandokhail remarked.

The Advocate General Gilgit-Baltistan read out the 2018 order and requested to withdraw their petition conditionally. Justice Mazhar suggested lifting the stay so judges can be appointed through consultation. When Justice Mandokhail raised the need for legislation, the Attorney General replied that this would require a constitutional amendment.

Justice Mandokhail responded that parliament can amend the proposed 2019 order to facilitate appointments. Attorney General submitted that neither did federal government create nor did own the 2019 draft order. Justice Mandokhail, however, suggested if the federal government does not like the proposed 2019 order, it should make a new one, but something must be done. Later, the court adjourned the hearing until today (Friday).