1. ' This petition involving the question of upgradation of Judicial Officers of the Subordinate Judiciary of Gilgit-Baltistan for the detail reasons to be recorded later is disposed of in the following manner.
2. ' The Secretary Law, the Deputy Secretary Finance Budget, Registrar, Chief Court, have explained the matter in detail. Learned Advocate-General and learned Amicus curiae Mr. Muhammad Issa, Senior Advocate, President Supreme Court Bar Association and Mr. Manzoor Ahmed, Advocate, President Chief Court Bar Association have addressed the Court at length on the subject and submitted that in all the four Provinces of Pakistan, the Judicial Officers in the subordinate judiciary have been upgraded and that in principle the Judicial Officer in the subordinate judiciary of Gilgit-Baltistan would also be entitled to the same benefit of up gradation. The learned Amici have argued that notwithstanding the fact that decision taken by the National Judicial (Policy Making) Committee of Pakistan, may not have the binding force in Gilgit-Baltistan, but the same having persuasive value may be followed for the purpose of reformation in the judicial service of Gilgit Baltistan.
3. ' Mr. Muhammad Saleem, Deputy Secretary, Budget, Finance states that the Finance Department Gilgit-Baltistan may give sanction for the expenditure involved in a matter beyond the allocated budget but the sanction for expenditure of Government of Gilgit-Baltistan beyond the financial grant given by the Federal Government is in the competence of Finance Division of Government of Pakistan. The annual budget of Government of Gilgit-Baltistan is prepared by Finance Department of Gilgit-Baltistan for approval by the concerned quarters in Federal Government and in future under Gilgit-Baltistan (Empowerment and Self Governance) Order 2009, the budget will be submitted to Legislative Assembly of Gilgit-Baltistan for approval. The Deputy Secretary states that the Superior Judiciary in Gilgit-Baltistan is independent in its affairs including financial matters within the allocated budget and upgradation of Judicial Officers of Subordinate Judiciary in Gilgit- Baltistan is entirely within the competence and domain of Chief Court and that the expenditure involved therein beyond the allocated budget can be sanctioned by the Finance Department with the approval of Chief Secretary, Gilgit-Baltistan.
4. ' The Secretary Law Department, Gilgit-Baltistan has stated that:---
(a) Subordinate Judiciary in Gilgit-Baltistan is under the direct control and supervision of the Chief Court as envisaged in Article 76 of Gilgit-Baltistan (Empowerment and Self Governance) Order, 2009 and subject to the provision of expenditure involved therein the Chief Court may upgrade the Judicial officers in the subordinate judiciary.
(b) The down gradation of Sessions Divisions of District Ghanchay, Istore and Ghizar would amount direct interference in the Judicial affairs and independence of judiciary in conflict to the provision of Article 175 of the Constitution of Pakistan.
5. ' Gilgit-Baltistan is part of Pakistan and by following Judicial Policy enforced in Pakistan, the judiciary of Gilgit-Baltistan would certainly benefited and the disparity in the standard of judicial service of Gilgit-Baltistan would certainly be removed which would advance the cause of independence of judiciary. The Supreme Court of Pakistan in Sharaf Faridi's case PLD 1994 SC 1094 held that the Independence of Judiciary means:- "That every Judge is free to decide matters before him in accordance with his assessment of the facts and his understanding of the law without improper influences, inducements or pressures, direct or indirect, from any quarter or for any reason; and that the judiciary is independent of the Executive and Legislature, and has jurisdiction, directly or by way of review, over all issues of a judicial nature."
6. ' The apex Court of the country also held that the Government of Pakistan will not require the superior Courts of Pakistan to seek approval for incurring expenditure on any item from the funds allocated for them in the annual budgets provided the expenditure incurred falls within the limit of the sanctioned budget.
7. ' In consequence thereto the Finance Division, Government of Pakistan issued Office Memorandum on 24-11-1993 as under:--- "In pursuance of judgment in Civil Appeals Nos.105-K to 107-K of 1989 dated 31-3-1993, and in relaxation of provision contained in Finance Division's O.M. Dated 11-3-1981 the following financial powers will be exercised by the Chief Justice of. Supreme Court of Pakistan with immediate effect:- -- "Full powers to appropriate funds from one head of account to another head of account, to sanction expenditure on any item, to create new posts and abolish old posts, to change nomenclature and upgrade/downgrade any post, ' provided expenditure is met from within the overall allocated budget of Supreme Court" ."
8. ' The above rule ipso facto will be applicable to the judiciary of Gilgit-Baltistan without any exception. The concept of independence of judiciary is not confined only to the person of Judicial Officers rather judicial independence mostly depends on administrative and financial independence. The interference of executive in the affairs of judiciary with respect to 'the prospect of their service and terms and conditions of service directly or indirectly may affect the independence of judiciary. The better service status with better terms and conditions may ensure the independence of Judicial Officer to the expectation of a common man.
9. ' This has been brought to our notice that the matter relating to the upgradation of Judicial Officers in the subordinate judiciary of GilgitBaltistan remained under consideration with KA&NA Division, Government of Pakistan for a considerable period without any progress and now on the enforcement of Gilgit-Baltistan (Empowerment and Self Governance) Order 2009, the Government of Gilgit-Baltistan without interference of Government of Pakistan can remove the financial constraint of the Chief Court in respect of expenditure involved in upgradation of Judicial Officers of the subordinate judiciary of GilgitBaltistan.
10. ' Under Northern Areas Governance Order, 1994 and now under Gilgit-Baltista, (Empowerment and Self Governance) Order, 2009, the superior judiciary of Gilgit-Baltistan has been placed at par to the superior judiciary of Pakistan and on the basis of same principle, the subordinate judiciary in Gilgit-Baltistan must be treated at par to that of the subordinate judiciary in the Provinces of Pakistan and it would be fair to follow the policy of the High Courts in the Provinces of Pakistan regarding upgradation of Judicial Officers in the subordinate judiciary.
11. ' The notifications on the subject issued by the High Courts in the country are available on record for perusal and guidance.
12. ' Consequently with a view to remove the disparity in the status and standard of judicial service in Gilgit-Baltistan and to bring it at par to the judicial service in the Provinces of Pakistan, we in the light of principle of fair and equal treatment hold that the Judicial Officers of subordinate judiciary of Gilgit-Baltistan would be entitled to the benefit of up gradation.
13. ' Resultantly the Chief Court, Gilgit-Baltistan in the light of above declaration and in exercise of powers conferred to it under GilgitBaltistan (Empowerment of Self Governance) Order, 2009 will initiate the process of upgradation of Judicial Officers of the subordinate judiciary in the same manner as has been done by the High Courts in the Provinces. The process of upgradation may be finalized before.1-1-2010 and expenditure incurred therein beyond the allocated budget will be provided by the Finance Department of Gilgit-Baltistan.