CM GB petitions SC against PM’s appointment and judges’ contract extensions

The chief minister of Gilgit-Baltistan (GB), Khalid Khurshid Khan, has petitioned the Supreme Court to resolve a constitutional case in which he challenges the appointment of a judge and extension of three judges of the region’s top court.

In September 2018, the chief minister petitioned the federal government, G-B governor, and newly appointed Judge Chief Court Javed Ahmed under Article 184(3) of the Constitution through veteran attorney Makhdoom Ali Khan.

On September 16, 2022, Prime Minister Shehbaz Sharif extended the contract of three G-B Chief Court judges on the recommendations of Governor Syed Mahdi Shah. However, the summary was initiated without consulting the chief minister.

The registrar’s office returned the petition with seven objections. The G-B CM filed an appeal with Justice Munib Akhtar to counter the objections.

“I conclude that prima facie (which is sufficient for disposing of Chamber Appeals of the present nature) the office objections cannot be sustained,” Justice Munib Akhtar wrote in a four-page order in November.

The judge noted that the Civil Aviation Authority case addressed G-B’s governance and related issues, including access to fundamental rights.

The CM stated in his updated application that denying the plea would cause irreparable harm to Gilgit-Baltistan.

The appointment and extension of G-B superior court judges violated access to justice, judicial independence, the rule of law, and fundamental rights.

“Despite the plain language of the G-B order and the petition currently before this honorable court, the chief judge, judge of the supreme appellate court, and chief judge and judges of the chief court are allegedly being appointed, confirmed, and having their terms extended without any consultation with or advice from the elected government (i.e., chief minister and cabinet).”

The application stated that this was unconstitutional and had no legal basis.