Gilgit-Baltistan polls: Supreme Court expects caretakers to be honest, impartial

ISLAMABAD: The Supreme Court Friday expected that the caretaker government in Gilgit-Baltistan will comprise highly respected persons with proven integrity, impartiality, and competence and will ensure elections on time in a free, fair, and transparent manner.

A seven-member larger bench of the apex court, headed by Chief Justice Gulzar Ahmed, issued a written order on the federal government’s plea seeking to amend the Government of Gilgit-Baltistan Order 2018 to conduct the upcoming general elections by adopting the Elections Act 2017 as well as setting up a caretaker government during the interim period.

Last week on April 30, the court had allowed the federal government to amend the Government of Gilgit-Baltistan Order 2018 to conduct the upcoming general and install a caretaker government there.

The five-year term of the present GB government is due to expire in the last week of June this year and the next general elections would be held within 60 days. After accepting the government plea, the court had observed that procedure for holding fresh elections would be mentioned in the detailed judgment.

In its written order, authored by Justice Ijazul Ahsen, the court noted that it was in the interest of the people of Gilgit Baltistan as well as continuity of the democratic process that elections should be held on time, under an impartial caretaker setup in a free and fair manner and the outcome of the same was in accord with the aspirations of the people of Gilgit Baltistan.

“We expect that the caretaker government shall comprise of highly respected persons with proven track record of high levels of integrity, impartiality, uprightness and competence”, says the written order adding that the question of timely holding of free and fair elections is a matter of public importance.

The court noted that there could be no cavil with the proposition that it involves enforcement of fundamental rights of the people of Gilgit Baltistan. “We are therefore in no manner of doubt that this court has ample powers in terms of Article 184(3) read with Article 187 of the constitution to pass appropriate orders to avoid a constitutional crisis”, says the written order .

The court directed that the Federal Government may issue a Presidential Order inter alia to adopt the Election Act, 2017 (as in force in Pakistan) together with all rules, regulations and bylaws, framed thereunder to apply mutatis mutandis to the territory of Gilgit Baltistan and to take all other steps that may be necessary or incidental to the holding of free, fair and transparent elections under an impartial caretaker governmental setup for the purpose of holding free, fair and transparent elections and in line with Article 56(5) of the proposed Gilgit Baltistan Governance Reforms Order, 2019 together with all provisos as incorporated in Schedule to the judgment of this court date 17-1-2019.

The court directed its office to fix the main case after Eidul Fitr break when all other miscellaneous applications shall also be set down for hearing. The court also directed Attorney General for Pakistan to place on record the Presidential Orders issued to implement this order in letter and spirit.