October 21, 2002	Monday	Sha’aban 14,1423

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ISLAMABAD, Oct 20: Jammu Kashmir Council for Human Rights (JKCHR) Secretary-General Dr Syed Nazir Gilani has advised AJK President Mohammad Anwar Khan to adhere to the 1974 AJK constitution, which binds him to work on the advice of the prime minister.

In a letter addressed to Sardar Anwar, Dr Gilani expressed grave concern over the ongoing power tussle between the offices of prime minister and president. He referred to the provisions of the constitution dealing with the president’s office.

Referring to the debate about the authority of the president and the prime minister in AJK, Dr Gilani said: “The leadership of Kashmir on either side of the Line of Control does not have a reliable understanding of the jurisprudence of the Kashmir case.”

Under Section 7 of AJK Interim Constitution Act, 1974, the president should act in accordance with the advice of the prime minister, he said.

The authority of AJK president was recognised under UN resolutions, he said.

Under Section 11 of the constitution, Dr Nazir pointed out, the powers of president as an executive in reference to United Nations resolutions and the plebiscite were recognised.

The constitution in its preamble described AJK as a provisional establishment, to provide for better government and administration until the status of Jammu and Kashmir was determined in accordance with the freely expressed will of the people of the state, he said.

He said Section 11 had been assented to by the federal government and the exercise of powers under it was not repugnant to the constitutional partnership between AJK and Pakistan.