A seven-member larger bench, headed by Chief Justice Mian Saqib Nisar on Thursday announced its reserved judgement pertaining to the status, authority and powers of Gilgit-Baltistan.
The judgement authored by CJP Saqib Nisar said that no amendment shall be made to the Order as so promulgated except in terms of the procedure provided in Article 124 of the same, nor shall it be repealed or substituted, without the instrument amending, repealing or substituting (as the case may be) the same being placed before this Court by the Federation through an application that will be treated as a petition under the Article 184(3) of the Constitution.
Nothing in the judgement shall be construed to limit the jurisdiction conferred on this Court by the Proposed Order itself; and if the Order so promulgated is repealed or substituted by an Act of Parliament, the validity thereof, if challenged, shall be examined on the touchstone of the Constitution, said the order.
The judgement said the Proposed Order (or any previous or subsequent such Order) can be challenged by, inter alia, the people of Gilgit-Baltistan, but only before this Court, either under Article 184 of the Constitution or in the manner herein after provided.
The judgement said nothing this Court recommends or orders should affect the nature and status of the Kashmir issue. "It must be emphasised that all the measures and directions taken and given must be predicated by the caveat that these are subject to the result of the plebiscite, which is duly recognised in the Article 257 of the Constitution of the Islamic Republic of Pakistan, 1973," said the judgement.
The judgment said that as a responsible member of the comity of nations, Pakistan remains aware of its obligations in such terms. As and when the promised plebiscite is organised by the parties to the dispute, it will be up to the people of all of Jammu and Kashmir, and of Gilgit-Baltistan, to make their choice.
Till then, it is surely incumbent upon both India as well as Pakistan to ensure that the people of this region enjoy maximum rights for areas within each country's control. Therefore, till such time that the plebiscite is held, a proper arrangement must be provided for by Pakistan for the people of Gilgit-Baltistan for purposes of governance within a framework of a constitutional nature, including most importantly the enjoyment of fundamental rights.