The Gilgit-Baltistan Chief Court has Jurisdiction to decide legal matters and to perform the functions of the Court in the light of Articles 86, 87, 88,90,91,92 and 93 of The Government Of Gilgit-Baltistan Order,2018.
- 1. The Chief Court shall have such jurisdiction as is conferred on it by this Order or by any other law.
- 2. Subject to this Order, the Chief Court may if it is satisfied that no other adequate remedy is provided by law,-
- a. on the application of any aggrieved party, make an order,-
- i. directing a person performing functions in connection with the affairs of Gilgit-Baltistan or local authority to refrain from doing that which he is not permitted by law to do, or to do that which he is required by law to do; or
- ii. declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Gilgit Baltistan or a local authority has been done or taken without lawful authority, and is of no legal effect; or
- b. on the application of any person, make an order,- -
- i. directing that a person in custody in Gilgit-Baltistan be brought before the High Court so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or
- ii. requiring a person holding or purporting to hold a public office in connection with the affairs of Gilgit-Baltistan to show under what authority of law he claims to hold that office; or
- c. on the application of any aggrieved person, make an order giving such directions to the person or authority or the Government, exercising any power or performing any function in, or in relation to, Gilgit-Baltistan as may be appropriate for the enforcement of any of the fundamental rights conferred by this Order.
- 3. An order shall not be made under clause (2) on application made by or in relation to a person in the Armed Forces of Pakistan in respect of his terms and conditions of service, in respect of any matter arising out of his service or in respect of any action in relation to him as a member of the Armed Forces of Pakistan.
- 4. Where,-
- a. an application is made to the Chief Court for an order under clause (a) or clause (c) of sub-section (2); and
- b. the Court has reason to believe that the making of an interim order would have the effect of prejudicing or interfering with the carrying out of a public work or otherwise being harmful to the public interest, the Court shall not make an interim order unless the Advocate General has been given notice of the application and the Court, after the Advocate General or any officer authorized by him in this behalf has been given an opportunity of being heard, is satisfied that the making of the interim order would not have the effect referred to in clause (b) of this sub-section.
- 5. In this section unless the context otherwise requires, the expression “ person”includes any body politic or corporate, any authority of or under control of the Government and any court or tribunal other than the Gilgit-Baltistan Supreme Appellate Court, the Chief court or a Court or tribunal establish under a law relating to the Armed Forces of Pakistan.
Subject to this Order, the Chief Court may in consultation with the Government, make rules regulating practice and procedure of the Court or of any Court subordinate to it: Provided that till such time, the new rules are framed, the rules in force on the commencement of this Order shall, so far as they are not inconsistent with this Order and any other law, continue in force and deemed to have been made under this section.
Decision of Chief Court binding on subordinate Courts.- Subject to section 60,any decision of Chief Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all Courts subordinate to it.
Decision of Chief Court binding on subordinate Courts.- Subject to section 60,any decision of Chief Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all Courts subordinate to it.
- 1. In this section the expression “Court “means the Gilgit-Baltistan Supreme Appellate Court and the Gilgit-Baltistan Chief Court.
- 2. A Court shall have power to punish any person who-
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- a. abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court;
- b. scandalizes the Court or otherwise does anything which tends to bring the Court or a judge of the Court into hatred, ridicule or contempt;
- c. does anything which tends to prejudice the determination of a matter pending before the Court; or
- d. does any other thing which, by law, constitutes contempt of the Court.
- 3. The exercise of the power conferred on a Court by this Section may be regulated by law and, subject to law, by rules made by the Court.
- 1. The Chief Court shall superintend and control all other courts that are subordinate to it.
- 2. A court so established shall have such jurisdiction as conferred on it by law.
- 3. No court shall have any jurisdiction which is not conferred on it by this Order or by or under any other law.
- 1. If, at any time, the Prime Minister or the Governor desires to obtain the opinion of the Gilgit-Baltistan Supreme Appellate Court on any question of law which he considers of public importance, he may refer the question to the Supreme Appellate Court of Gilgit-Baltistan for consideration.
- 2. The Gilgit-Baltistan Supreme Appellate Court shall consider a question so referred and report its opinion on the question to the Prime Minister or as the case may be, the Governor.
- 1. Notwithstanding anything herein before contained, the Prime Minister in respect of matters to which its executive authority extends, and the Assembly in respect of matters to which the executive authority of the Government extends may by law provide for the establishment of one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of,-
- a. matters relating to the terms and conditions of persons who are or have been in the service of Gilgit-Baltistan including disciplinary matters;
- b. matters relating to claims arising from tortuous acts of the Government or any person in the service of Gilgit-Baltistan or of any local or other authority empowered by law to levy any tax or cess and any servant or such authority acting in the discharge of his duties as such servant; or
- c. matters relating to acquisition, administration and disposal of any property which is deemed to be enemy property under any law.
- 2. Notwithstanding anything herein before contained, where any Administrative Court or Tribunal is established under sub-section (1), no other court shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extends and all proceedings in respect of any such matter which may be pending before such other court immediately before the establishment of the Administrative Court or Tribunal shall abate on such establishment.
- 3. An appeal to the Gilgit-Baltistan Supreme Appellate Court from a judgment, decree, order or sentence of an Administrative Court or Tribunal shall lie only if the Supreme Appellate Court of Gilgit-Baltistan being satisfied, that the case involves a substantial question of law of public importance, grants leave to appeal.