ISLAMABAD: As earlier announced by the government of Gilgit Baltistan, the Chief Minister GB Khalid Khurshid Khan on Wednesday has approached the Supreme Court to seek a direction that Governor GB Syed Mehdi Shah has no authority to advise Prime Minister Shahbaz Sharif to appoint Javed Ahmed as judge Chief Court GB.
The petition has also pleaded before the apex court to declare the appointment of Javed Ahmed through Sept 16 notification was without lawful authority and of no legal effect and therefore the apex court should quash such appointment.
The petition pleaded that the apex court should also prohibit the federal government and Governor GB from making new appointments of chief judge or judges of the Supreme Appellate Court as well as Chief Court of Gilgit-Baltistan without prior advice of the CM or the cabinet GB.
The petition argued that on Sept 13, 2022 the governor sent a summary to the PM for the appointment of a judge of the Chief Court and recommended three names. This summary was neither initiated in accordance with the relevant procedure nor was it in consequence of advice by CM or the cabinet.
On Sept 16, the notification being challenged was issued and Javed Ahmed was appointed as judge chief court for an initial period of one year. He took oath on Sept 21, 2022.
The petition pleaded that the people of GB have the right to “self-government” under Article 257 of the constitution and that the government and the cabinet of GB comprise representatives elected by the people of the area.
Without being first advised by CM or the cabinet, under Article 34 of the Order 2018, the governor has no authority to advise PM to appoint Javed Ahmed as judge chief court GB and therefore the appointment suffers from malice and law. Therefore Javed Ahmed did not hold the office, to which he had been illegally and maliciously appointed.
The petitioner has also pleaded that the apex court should also declare that PM and the federal government has no lawful authority to merely extend the appointment of Justice Malik Inayat-ur-Rehman, Justice Johar Ali Khan and Justice Raja Shakeel Ahmed for a term of one year rather duty bound to confirm such appointments.
Furthermore, the petition pleaded, the federal government should issue a fresh notification for confirmation of Justice Malik Inayat-ur-Rehman, Justice Johar Ali Khan and Justice Raja Shakeel Ahmed as judges of the chief court, with effect from Sept 16.
Earlier on Sept 15, 2021 three judges were appointed for an initial period of one year to the chief court GB by PM on advice of the governor which was in turn based on the advice of the CM.
On July 14, 2022 a summary was moved by the Law and Prosecution Department, government of GB for confirmation of appointment of three judges. The summary was approved by the CM on July 20, 2022 and the governor accordingly advised the PM on Aug 4.
But the PM did not follow the advice of the governor and instead of confirming the appointment of the three judges, extended the term of three judges for another term of one year.
