It stated that all legislative business set out in the third schedule to the Interim Constitution Act, 1974, annual budget and development scheme etc could exclusively be discussed in the session of AJK Council. "It is an organ of the Azad State of Jammu and Kashmir which is not part of the federation of Pakistan in view of the Article 1(2) of the Constitution of Islamic Republic of Pakistan and also in Article 257...AJK is not constitutional part of Pakistan and has no representation in the Parliament of Pakistan; hence the matters pertaining to AJK can not be discussed in the Senate," read the letter sent to the Senate standing committee.
The committee, which met with Senator Professor Sajid Mir in the chair on Wednesday, however, deferred the agenda item related to AJK Council and sought a legal explanation from Ministry of Law and Justice over the controversy. "Parliament is the supreme body, which has the powers to oversee each and every institution. In the case of AJK Council, we must take legal explanation from law ministry as to whether the committee can get briefing from the council or not...if not, amendment should be made in the constitution to make it answerable to the parliament," said Senator Rehman Malik, a member of the committee.
The Law and Justice Division, in its written reply, informed the committee that the panel can not determine an agenda without consultation of the Minister-In-Charge as required under the Rule 198 of the Rules, 2012. It further stated that the standing committee can not deal with the subjects which are not assigned to the Ministry in Rules of Business, 1973 and that the concerned ministry is not bound to respond or co-ordinate on the issue / subject, which is not in the domain of the ministry as assigned in the Rules of Business, 1973.
"The Standing Committee can not discuss and pass recommendation on the subjects relating to legislative and administrative competence of Councils, Legislative Assemblies and governments of the both these regions [AJK and Gilgit-Baltistan] in accordance with their statues," the letter further read. However, it added that the committee can discuss and make recommendations on relevant matters/subjects referred to it by the Senate which are assigned to Kashmir Affairs and Gilgit-Baltistan Division under the Rules of Business 1973.
The committee, however, expressed displeasure on the letter of the AJK Council and a reply of the Law and Justice Division. The committee also summoned Minister for Kashmir and Gilgit-Baltistan Affairs in its next meeting for explanation and a detailed discussion on the matter.
Commenting further, Rehman Malik stated that it is the government of Pakistan which provides budget for the development and prosperity of the AJK, adding our troops have been deployed on the border to protect AJK. "Why can't the Parliament of Pakistan discuss the matters of the AJK Council when all its expenses are being borne by the government of Pakistan," he asked.
Secretary Ministry of AJK and GB Affairs Abid Saeed, however, insisted that AJK Council is an independent body, which is headed by Prime Minister of Pakistan. He argued that the AJK Council and AJK government are two different things, adding that the committee could also seek a response from Ministry of Foreign Affairs. However, the committee members expressed dissatisfaction over the response and postponed the meeting in protest.