AT the time of partition, the people of Gilgit-Baltistan rose in revolt against the Dogra rulers, and with the support of the Gilgit Scouts, fought the regular army of the Kashmir state.

However, due to a ceasefire agreement between Pakistan and India, the aspiration for the liberation of Kargil remained unfulfilled as it came under Indian control. The 1971 war with India resulted in the loss of the Nubra Valley, and through the Shimla Agreement that followed, the disputed territory remained under India.

Due to the repressive rule in GB, many people had previously migrated to other parts of India, including Shimla, Mussoorie and Dalhousie. These migrants advocated vociferously for Pakistan. Despite their established lives, they migrated to Pakistan as refugees, leaving everything behind.

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The people of GB had faith in Pakistan’s leadership, and believed they had realised their dream of becoming citizens of the nation. They were unaware that Kashmiri leaders, under the Karachi Agreement, had abandoned them to bureaucratic governance, an arrangement that stripped them of their constitutional rights and left their status undefined.

With education, the population soon realised they had been deceived and left to dwell in a state of constitutional uncertainty. It wasn’t until 2009 that a governance decree was finally promulgated by the PPP government giving them some semblance of provincial status with an elected legislative assembly.

Amidst the ongoing political acrimony, the predicament of the people of GB has been overlooked.

Thanks to NGOs like the Aga Khan Foundation and the Marafie Foundation, the region experienced a notable surge in educational attainment. This education-driven transformation prompted the emerging generation to demand their integration into Pakistan. A petition was filed in the Supreme Court of Pakistan.

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The government of Pakistan contested the jurisdiction of the Supreme Court, asserting that the region wasn’t an integral part of the country. Nevertheless, the court’s authority was upheld.

In a landmark ruling in 2019, the Supreme Court examined all legal dimensions of the case to determine the parameters for governing the region. It recognised that the ongoing dispute couldn’t serve as a pretext to deprive the people of GB of their fundamental rights. This ruling resolutely affirmed that the pursuit of a resolution to the dispute could not come at the expense of basic human rights.

The court invalidated the 2018 order issued by PML-N government, which had further curtailed already restricted empowerment under the 2009 order. Subsequently, the PTI government embraced a revised governance order that was meticulously crafted by the attorney general, in accordance with the court’s directives. This revised order ensured fundamental rights enshrined in Pakistan’s Constitution. The Supreme Court in its judgement stated:

“i. The proposed order, which (modified as noted…) is annexed to this judgement, shall be forthwith promulgated by the president on the advice of the federal government, and in any case within a fortnight hereof;

ii. 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 … the same being placed before this court by the federation through an application that will be treated as a petition under Article 184(3) of the Constitution. Nothing in this judgement shall be construed to limit the jurisdiction conferred on this court by the proposed order itself; and

iii. 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.“

However, the PTI government, despite the instructions to execute an agreed-upon law, took a U-turn and submitted a revision petition, in which it asserted that the populace of GB had expressed a desire for the region to be governed through an act passed by Pakistan’s parliament that, curiously, did not represent them.

This statement was baseless and appeared to be a deliberate pretext to obstruct the issuance of the revised order as the PTI government wanted to retain the dictatorial powers of the 2018 order.

To further advance this dubious agenda, the PTI government submitted amendments to the agreed-upon provisions aimed at diminishing the authoritarian powers vested in the government. This move contradicted its commitment to exploring constitutional amendments regarding the region’s provisional status.

Notably, it sought to eliminate a statement in the draft order’s preamble that addressed this very consideration. The proposed amendments outlined in this petition were specifically designed to obstruct the application of fundamental rights through the Supreme Court which required any future amendments to be subject to the court’s endorsement.

Under the intense pressure of the people, the PTI did introduce the constitutional amendment for giving provisional status to GB, but that, too, was scuttled by the local PTI GB government by forming a committee to consider the proposed constitutional amendment, using its quislings in the local assembly.

Even the coalition government, comprising major political parties, failed to reconsider the revision petition. Instead, they allowed the governance of GB to persist under the revoked and oppressive 2018 decree. This disregard for the well-being of the region’s populace has generated a sense of despondency in the area.

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Amidst the ongoing political acrimony, the predicament of the people of GB has been overlooked. In the broader interest of the nation, it is incumbent upon the authorities to intervene and, at the very least, ensure the implementation of the 2019 draft law, thereby advancing the safeguarding of GB residents’ rights.

Concurrently to align with the national political process, the present legislative assembly should be dissolved and elections held with general elections in the rest of the country. The present timing of elections after the formation of the federal government becomes a farce as the party in power through massive rigging facilitated by an oppressive law, forms the local government.

The people of GB’s prolonged wait to be fully recognised as Pakistani citizens must come to an end as the new generation does not have the patience to wait any further. Muted protests are gradually turning into vociferous slogans for a unique demand of accession.

The writer, a former IGP, Sindh, belongs to Gilgit-Baltistan.

Published in Dawn, September 8th, 2023