Gilgit-Baltistan’s apex court is paralysed due to delayed judge appointments, denying justice to citizens and undermining the rule of law in the region
By Aamir A. Rana
In the majestic expanse of Gilgit-Baltistan (GB)—where nature is breathtaking—the region’s apex judicial institution is almost paralysed. It is not a consequence of war or natural disaster but of something far more pernicious: gross negligence. Why? Because the Prime Minister of Pakistan has egregiously failed to appoint the requisite judges on time, severely impacting the dispensation of justice in GB.
The Supreme Appellate Court (SAC), GB’s highest judicial forum, is not fully functional. It was established under Article 60 of the GB Empowerment and Self-Governance Order 2009 and later reconstituted under Article 75 of the GB Order 2018. The GB Order 2018 is the fundamental law of the territory of GB, promulgated by the President under the Constitution of the Islamic Republic of Pakistan.
It ostensibly provides the citizens of GB, among other things, constitutional rights, a governance structure, access to remedies, and appellate recourse. Article 75(5) of the GB Order 2018 outlines the mechanism for the appointment of judges to the SAC-GB, which can only be made by the Prime Minister of Pakistan on the advice of the Governor of GB. As per the GB Order 2018, most appeals, petitions, and matters are to be heard and decided by two judges of the SAC-GB. Currently, only one judge is serving, even though the court should comprise a Chief Judge and two additional judges.
While its establishment typified progress towards legal parity for citizens of GB vis-à-vis other provinces and territories of Pakistan, the apex institution is now ensnared in a grave crisis. The prolonged non-appointment of judges has rendered it otiose, effectively denying justice to citizens and undermining GB’s already fragile legal framework. It is patently evident that judicial appointments are not merely administrative conveniences but essential to uphold the rule of law and form the backbone of a robust legal system.
The non-appointment of SAC-GB’s judges is not just a procedural failure, it is a constitutional betrayal and an effective denial of fundamental rights to two million people of GB
Judges of the SAC-GB are appointed by executive authorities not directly accountable to the people of GB, so there is ample room for political manoeuvring and apathy. However, a seven-member bench of the Supreme Court of Pakistan, in the case titled Civil Aviation Authority versus Supreme Appellate Court Gilgit-Baltistan (PLD 2019 SC 357), ordered the promulgation of the Gilgit-Baltistan Governance Reforms 2019 (Proposed Order) within two weeks, among other things proposing the establishment of a Judicial Commission. To date, the Proposed Order has not been enacted by Parliament.
Nonetheless, it is crucial that, to maintain its integrity, the judiciary must adhere to transparency, institutional autonomy, and freedom from political influences. Merit, impartiality, and constitutional values should be given primacy in the process of appointments. Any divergence from these standards would compromise the judiciary’s legitimacy and performance.
The kernel of the present crisis can be traced to legal and political entanglements. A review petition filed by the previous federal government and a stay order issued in response to a petition filed by the Chief Minister of GB effectively forestalled the judicial appointment process. The Supreme Court of Pakistan, however, in April 2025 vacated the stay order which had stymied judicial appointments for a considerable time. These legal impediments, coupled with the lack of effective coordination and sluggishness among key players—the Ministry of Kashmir Affairs and GB, the government of GB, and the Prime Minister’s Office—culminated in a judicial impasse.
This failure has paralysed the SAC-GB, causing far-reaching consequences. At its core, it drastically violates the right of access to justice of GB’s citizens. In the case of Chief
Justice Iftikhar Muhammad Chaudhry versus President of Pakistan (PLD 2010 SC 61), the Supreme Court of Pakistan noted that the right of access to justice is a fundamental right and this right cannot be guaranteed without an independent judiciary. Yet in GB, judges who are supposed to protect fundamental rights remain unappointed—let alone independent. Resultantly, thousands of appeals, petitions, and matters remain unheard, leaving litigants in limbo for years. According to media reports, the Advocate General of GB stated that the backlog of cases exceeds 8,000.
Not unsurprisingly, judicial credibility is eroding as vacancies undermine the very hope of justice. Citizens of GB have almost lost faith in the legal system’s capacity to guard their rights or resolve disputes. This distrust is not only confined to the judiciary alone but also engulfs the federal government’s commitment to the rule of law in the region.
This crisis can be resolved by the Prime Minister and his government by implementing the Gilgit-Baltistan Governance Reforms 2019 through an Act of Parliament without any further delay. A powerful and independent Judicial Commission must be constituted to ensure that competent individuals are appointed to the judiciary of GB. Meanwhile, judges to the SAC-GB should be appointed immediately in conformity with the GB Order 2018. All stakeholders must realise that without an independent judiciary, legal certainty cannot be obtained, which is sine qua non to restore public trust in the legal system.
Alarmingly, the international community’s (particularly human rights organisations’) silence over this crisis is beyond comprehension. The UN, Human Rights Council, International Commission of Jurists, and other institutions must urgently intervene and demand action from Pakistan’s Prime Minister.
The non-appointment of SAC-GB’s judges is not just a procedural failure, it is a constitutional betrayal and an effective denial of fundamental rights to two million people of GB. As this maxim aptly highlights the current situation in GB: justice delayed is justice denied. The federal government failed to honour its commitment to the rule of law in the marginalised region of GB under its de facto administrative control. Judicial appointments are not merely legal obligations under domestic and international laws but a litmus test for the rule of law and justice. Reform cannot wait. GB’s people have suffered injustice long enough.__Courtesy The Friday Times
This is an article of The Friday Times Pakistan, dated 07.06.2025
