ALI BAIG, J.---- Through the instant writ petition filed under section 71(2) of Gilgit-Baltistan (Empowerment and Self Governance) Order , 2009 read enabling articles of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have sought the following remedies:-
2. In the light of above mentioned facts it is, therefore, humbly prayed that to meet the ends of justice this Hon'ble Court may kindly be accepted this writ petition by granting the following reliefs :-
(a) Process of advertisement published in News Paper on 5th September 2018, inviting applications for appointment of Banking Judge in Banking Court Gilgit-Baltistan may kindly be declared null and void.
(b) The respondents may be directed to fill the advertised posts amongst the Judicial Officers of District Judiciary Gilgit-Baltistan after consultation with the Chief Judge Chief Court Gilgit-Baltistan.
(c) The respondents may also be directed that in future if the posts of Judge of Anti-T errorism Court, Judge of NAB Court, Member of Service Tribunal GB become vacant the appointment be made as per law and procedure enumerated in the law i.e. the post shall be filled by the respondents amongst the Judicial Officers Gilgit-Baltistan after meaningful consultation with the Hon'ble Chief Court.
(d) Any other remedy which this Hon'ble Court deems proper may be granted to meet the ends of justice.
3. Brief facts giving rise to the filing of the instant writ petition are that the petitioners are senior Judicial Officers of District Judiciary GB and as per their claim/pleadings they are entitled to be appoin ted as Chairman and Members of Services Tribunal GB, Judges of Banking Court GB, Anti-T errorism Court GB and Custom Court as per judgment of the Hon'ble Supreme Court of Pakistan in Constitution Petition No.53/2007 and laid down procedure for appointments of judges in the Administrative Courts of GB. Hence, the respondents are bound to appoint the judges of above said Administrative Court s and Tribunal amongst the Judicial Officers of GB in accordance with law and rules prescribed for the appointment of judges in consultation with the Hon'ble Chief Judge GB Chief Court.
But the respondents in contravention of the statutory provisions of law and procedure have appointed the judges and members of the above said Administrative Courts and Tribunal. In violation of law and procedure of appointment, the respondents have again advertised the post of Judge of Banking Court by publishing advertisement in News Paper on 5th September , 2018, wherein applications for appointment against the post of judge of Banking and Custom Court have been invited. This action of respondents is illegal, void ab-initio, against the provisions of law and is liable to be declared null and void.
4. The learned counsel appearing on behalf of the petitioners contended that the petitioners being senior judicial officers of GB District Judiciary are entitled to be appointed against the vacant posts of Judge of Banking and Custom Court GB, Chairman and Members of Services Tribunal GB and Judges of other Administrative Courts of GB. The learned counsel for the petitioners further argued that under the relevant provisions of relevant laws the respondents are bound to appoint the judges of Administrative Courts and Mem bers and Chairman of Services Tribunal GB in consultation with the Hon'ble Chief Judge GB Chief Court but the respondents are reluctant to consult the Hon'ble GB Chief Court before appointments of Judges of Administrative Courts and Chairman/Members of Services Tribunal respectively which is illegal and in contravention of provisions of relevant laws.
5. On the other hand the learned Assistant Advocate General controverted the arguments advanced by the learned counsel for the petitioners by contend ing that the respondents are compet ent to appoint the Judges of Administrative Courts, Chairman and Members of Services Tribunal in accordance with the relevant provisions of law. The learned Assistant Advocate General further argued that the governmen t is empowered to appoint the judges of special courts in consultation with the Hon'ble Chief Judge Chief Court under the provisions of relevant law and appointment of Judges of Special Court are made after meaningful consultation with the Chief Judge GB Chief Court.
6. We have given our anxious consideration to the arguments advanced by the learned counsel for the parties and have gone through record with their able assistance.
7. Under the provisions of section 5(4) of Financial Institution (Recovery Finances) Ordinance, 2001, a Judge of Banking Court shall be appointed by the Federal Government after consultation with the Chief Justice of the High Court of the Province in which Banking Court is established and no person shall be appointed a judge a Banking Court unless he has been a judge of a High Court or is or has been a District Judge.
8. Similarly , under the provisions of section 5(9) of National Accountability Bureau Ordinance of 1999, the Accountability Court shall consist of a judge who shall be appointed by the President of Pakistan in consultation with the Chief Justice of the High Court of the Province concerned on such terms and conditions as may be determined by the President.
(a) Judge means a judge of a court who shall be a serving District and Sessions Judge qualified to be appointed as a Judge of High Court and include a Judge, whether serving or retired District and Sessions Judge, who was appointed judge of a Court before the commencement of the National Accountability Bureau (Amended) Ordinance, 2001.
9. Moreover , under section 4(1) of the Anti Terrorism Act, 1997 an Anti-T errorism Court shall consist of Judge being a person who:--
(i) is a Judge of High Court or is or has been a Sessions Judge or an Addl. Sessions Judge or
(ii) is a Judicial Magistrate 1st Class vested with powers under section 30 of the Cr .P.C. or
(iii) is has for a period of not less than ten years been an Advocate of a High Court.
(2) The Federal Government or the Provincial Government if directed by the Federal Government to establish a court under the act shall after consultation with the Chief Justice of the High Court appoint a Judge of each Anti- Terrorism Court.
10. From plain reading of the aforesaid provisions of law it reveals that before appointment of Judge of Banking and Custom Court, Accountability Court and Terrorism Court meaningful consultation with the Chief Judge of GB Chief Court is mandatory/pre-requisite, but in Gilgit-Baltistan the respondents do not bother to consult the Hon'ble Chief Judge GB Chief Court before appointments of Judges of above mentioned Administrative Courts which is gross contravention with the above re-produced mandatory provisions of law .
11. For what has been discussed above, this writ petition is allowed. Consequently , advertisement published in News Paper on 5th September 2018, inviting applications for appointment against the post of Judge Banking and Custom Court Gilgit-Baltistan is declared null and void. The respondents are further directed that the appointments of judges of Administrative/Special Courts and Chairman and Members if Services Tribunal Court GB, shall be made in consultation with Chief Judge of the GB Chief Court. The respondents shall also prefer the Judicial Officers of GB District Judiciary while appointing Judges of Special/Administra tive Courts and Chairman and Members of Services Tribunal Gilgit-Baltistan, Gilgit. This writ petition is disposed of in the above terms.