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September 30, 2002 Monday Rajab 22, 1423

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SC jurisdiction to Northern Areas not yet extended



By Our Correspondent


GILGIT, Sept 29: The federal government has not yet extended the jurisdiction of the Supreme Appellate Court to Northern Areas despite the fact that the proposal was submitted in June for approval, sources said on Sunday.

They added that due to the pendency the people of Northern Areas are facing problems in seeking speedy justice. However, while processing the cases for appointment of chairman and members of the court, a legal question arose whether it is necessary to set up a separate court of appeals for Northern Areas or the jurisdiction of the Supreme Court be extended to Northern Areas, the sources added.

They said that the law and foreign ministries were consulted on the matter and both held that in view of international commitment of Pakistan for Northern Areas, the government may take a decision for providing the right of appeal in the Supreme Court of Pakistan against the judgments/orders by the Chief Court of Northern Areas.

They maintained that such policy decision may be translated into a statute containing a provision that an appeal to the SCP filed within 60 days thereof shall lie only if the SC grants leave to appeal.

The Northern Areas Court of Appeals (Establishment) Order 1999 shall be thereby repealed following the extension of Supreme Court’s jurisdiction to Northern Areas, they added.

The legal experts are of the opinion that the extension would be prolonged once the present government was replaced by the new setup at the centre.

They added that it would somehow serve as partly implementation of the Supreme Court judgment of May 1999 regarding the status of Northern Areas and would pave the path for its gradual and eventually full implementation.

They said this extension, if approved by the cabinet, will provide relief to the people of NAs and also be a step forward in determining the constitutional status of Northern Areas.






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