November 26, 2017

Where Gilgit Baltistan stands in Law Books?

Answer is needed from Lawyers and Politicians and also from intellectuals, teachers, students and general masses.

We the people of PoGB (Pakistan occupied Gilgit-Baltistan) read about the governor, Chief Minister and GBLA etc in newspapers, TV Channels and Radios. We go to the courts and hear the words of High Court and sometimes even Supreme Court. We are told by the Lawyer and Court officials that so and so judge has arrived and listened both the sides of lawyers. One lawyer (prosecutor) gives his expert opinion against an accused or complainant/plaintiff and another gives his opinion in favour of the accused/defendant. If accused is innocent, it means the prosecutor is lying, if accused has committed crime it means the defendant lawyer is lying in the court. Those who lost their case say this Judge was biased or took bribe from other side. Have we- the general masses- ever thought that we have Judges, High Court, Assembly, Governor and Chief Minister. Then why some people, political parties and even Lawyers’ Bodies like Bar Associations demand for constitutional rights. Will constitutional rights give us our deserved rights? Is the publicity on Judiciary, GBLA, Governor, Chief Minister and Judges is true legally or is it false like Pine fruit, not pine apple fruit. If the terminology of Province, Governor, GBLA (Gilgit Baltistan Legislative Assembly), CM, High Court, Supreme Court of Judges is true, then why people and even lawyers themselves demand for constitutional rights? If this terminology is true, which has been introduced by Pakistani government, then why the people are not satisfied and asking constitutional rights or 5th province or seats in Pakistani National Assembly or rights like Pakistani held J&K? If this terminology is true legally then why this so-called terminology of province, GBLA, Chief Minister, governor, High Court and Judges is missing in the constitution of Pakistan? Neither any other constitution mentions this?

Every country in the world mentions its system including Legislative, Judiciary, Administration or Security and the whole system is bound to its Constitution and no law can be passed against its Constitution. But why Pakistani administration has introduced a bogus system in its occupied Gilgit-Baltistan against its own constitution? Is this not violation of the constitution by Pakistani government and its Military who jointly violate their own constitution? Pakistani constitution’s article 53, 5 says (2) obedience to the constitution and law is the (inviolable) obligation of every citizen wherever he may be and of every other person for the time being within Pakistan.  Article 106 mentions 4 provinces of Pakistan but GB is missing and Article 246 mentions 11 Tribal Agencies and GB is missing here also.  Article 257- Provision related to the state of Jammu & Kashmir, states that when the people of the State of J&K decide to accede to Pakistan, the relation between Pakistan and the state shall be determined in accordance with the wishes of the people of that State. Gilgit-Baltistan is still missing here, but the Supreme Court of Pakistan and Lahore High Court have clearly mentioned in their verdicts that Gilgit-Baltistan is disputed part of Jammu & Kashmir. UNCIP has well documented Gilgit-Baltistan even by mentioning its population (2 Lacs in 1947) and its bravery.

Lawyers must tell us, why the name of Gilgit-Baltistan has not been mentioned here in this Pakistani Article 257. Secondly, this article has also shown the lies and duplicity of Pakistani government, otherwise it would have mentioned the procedure (fair and impartial elections/referendum under whom will determine the relation) that shall determine the relation with Pakistan and if not (in case if people do not vote for Pakistan) then what will be the next?  There are 2 options not one, this is what this article says. The Two options are either to vote for Pakistan or India. There is no third option in 28th April 1949 UNCIP resolutions, which was suggested by Pakistan and followed by India. Do you think that under the Pakistani occupation the people of J&K and GB can vote freely without any threat or bribe etc? If this happens how international community and UN will accept the results of such bogus votes under Pakistani forces.

My question is why our lawyers have willingly or unwillingly accepted the bogus type of Judiciary where merit has no value? Is it  because the so-called Judges Appointment Authority is ‘Ministry of Kashmir Affairs’ and other Ministries of Islamabad which consider his/her religious, Political affiliation, power of money, likes and dislikes. The most important matter is that the whole Judicial System is illegal, because it is unconstitutional. The Judges are not legally Judges, because the Judiciary has been set-up in violation of Constitution of Pakistan, violation of Pakistan Supreme Court verdict 1999 and in the violation of UNCIP Resolutions as well. How unconstitutional appointees are called as Judges, where the appointer has no legal/constitutional authority to do so? How the terminology of High Court and Supreme Court is used to mention such illegal courts and their so-called Judges?

Now come to the politicians, intellectuals, teachers and students. Why the terminology of Province has been adopted (introduced by the Pakistani Politicians and Military regime) in the same manner they have introduced illegal court like Taliban or ISIS Shura. Why bogus designations like Governor, Chief Minister, GBLA has been given? If Pakistani government has given provincial status to Gilgit-Baltistan, it is not clear which country’s province it belongs because it does not exist in Pakistan (although Pakistan covers it unconstitutionally). Pakistan controls it administratively, but it is missing in its legal book (Constitution). PoGB itself does not have its own Constitution even the one like in PoK (Constitution of 1974). Why we the people of PoGB accept this fake province, which is only in words but not practically and legally. If PoGB is not a legal province then why we should use the term of Governor, Chief Minister for the fake/illegal posts? If we the people of PoGB are part of a province, then why some people and Lawyers’ bodies are demanding for Provincial status, High Court, Supreme Court and seats in Pakistani Assembly? Is this our hypocrisy or ignorance or our compulsion or fear of Master?

Should we continue this confusing attitude further, where everything from fundamental rights, access to free and impartial Justice and possession of our centuries old properties, honour and dignity have been taken away and even our very existence between China and Pakistan is on the brink of extinction, but we are silent.  Are we waiting till this small nation of 2 million to vanish? God forbid!!

Abdul Hamid Khan
Balawaristan National Front (BNF)
Head Office: Majini Mahla, Gilgit, Balawaristan (Pakistan & China Occupied Gilgit Baltistan)
          Ph: 0032 22311750

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