At the start of the hearing, Attorney General for Pakistan Anwar Mansoor apprised that they had drafted the Gilgit-Baltistan Order. He said that the federal government intends to grant provisional status to the Gilgit-Baltistan, but as the federal government does not have majority in the Parliament; therefore, for the time being it is not possible. He said they have taken some interim measure to give full fundamental rights that are available to the people of Pakistan.
A seven-member larger bench, headed by Chief Justice Mian Saqib Nisar heard the matter regarding Rights of Citizens of Gilgit-Baltistan to be governed through their chosen representatives.
The attorney general said that they have proposed legislative and the judicial reforms in the GB. All the powers which other provinces are enjoying would be given to the Gilgit-Baltistan. The area would also have the provision of local bodies. The GB Supreme Appellate Court would have one chief judge and two judges, but with the passage of time the number of judges would be increased.
The chief justice of the GB Supreme Appellate Court would be appointed by the chairman of the GB Council on the recommendation of the GB governor. The court inquired if that appointment would be in accordance with the spirit of the Article 175A of Constitution of Pakistan and the Al-Jehad Trust case judgement. "Whether the review power is conferred upon the Supreme Court of Pakistan?" the court further asked.
The attorney general informed that the chief judge of Supreme Appellate Court would be appointed for three years, and the period is extendable. Justice Ijaz inquired why the chief judge could not be appointed under the Article 175A through Judicial Commission.
Justice Muneeb Akhtar asked if the chief judge's tenure is renewable then would it be in consonance with the spirit of constitution, adding if it would not affect the independence of the judiciary. The attorney general said that they would change it.
He said that no appeal would lie before the Supreme Court of Pakistan against the verdict of GB Supreme Appellate as is the case with the Azad Jammu and Kashmir Supreme Court, whose decision is final.
The attorney general said that the legislative functions would also be close to the demands of the people of Gilgit-Baltistan. The Chief Justice remarked that without compromising the Pakistan's position it is the gift to the GB people, adding the people of GB would be happy.
Aitzaz Ahsan Advocate proposed that Sartaj Aziz's recommendations should be followed. The counsel said he has sufficient confidence if the constitutional amendment is moved in the Parliament for granting provisional province status to GB, the Parliament would approve it.