SC to jointly hear petitions on constitutional status of GB, judges pension

ISLAMABAD: The Supreme Court on Tuesday decided to hear jointly the petitions pertaining to the constitutional status of Gilgit Baltistan as well as the matter pertaining to pensions and perks and benefits of judges of the Supreme Appellate Court of Gilgit-Baltistan (SAC-GB) .

A three-member bench of the apex court, headed by Justice Ijazul Ahsen, while hearing the matter directed its Registrar's office to club all the connected matters and fix it for hearing. The court directed its Registrar's Office to club both the matters and fix it for hearing.

Justice Jamal Khan Mandokhel, during the hearing, observed that the matter is very sensitive and needs to be examined carefully. Additional Attorney General Sajid Ilyas Bhatti, during the hearing, submitted that judges can't deliver orders for their benefits adding that the judges of Supreme Appellate Court of Gilgit-Baltistan (SAC-GB) had fixed their retirement age as 65 in line with the judges of the Supreme Court of Pakistan, which is against the principle of justice.

He told the court that Chief Judge of Supreme Appellate Court of Gilgit-Baltistan Justice Irshad Hussain Shah was retiring on May 6 adding that the Supreme Court in 2019 had issued an order for legislation regarding the constitutional status of Gilgit-Baltistan.

The law officer further told the court that the Supreme Appellate Court of Gilgit-Baltistan had summoned the concerned federal ministries on the petitions filed for the implementation of Supreme Court order. Sajid Ilyas Bhatti said that the Supreme Appellate Court of Gilgit-Baltistan was not authorized to implement the decision of the Supreme Court.

"You mean that the order passed by the Supreme Appellate Court of Gilgit-Baltistan while summoning the federal ministries was unconstitutional and it was not competent to do so," Justice Ahsen asked the Additional Attorney General.

The judge further asked as to why the Supreme Appellate Court of Gilgit-Baltistan did not file an appeal in the Supreme Court before filing petitions.

At this, Iftikhar Hussain Gillani, counsel for the petitioners, told the court that in 1996, the Supreme Court in Al-Jehad Trust case had ordered for giving constitutional status to Gilgit-Baltistan. He told the court that after the apex court order, some 19 petitions have been filed in the apex court so far but the Registrar's office had raised objections on those petitions with the direction to approach the appropriate forum. The counsel submitted that the Supreme Appellate Court of Gilgit Baltistan was the appropriate forum.