ISLAMABAD, Jan 26: Pro-government independent Senator from the Federally Administered Tribal Area (Fata) Hameedullah Jan Afridi on Friday criticised a proposal for convening a joint jirga of Pakistani and Afghan tribesmen to check cross-border terrorism and termed the commission formed by Prime Minister Shaukat Aziz for this purpose as "illegal and unconstitutional."

Moving an adjournment motion in the Senate, the Fata senator demanded of the government to abolish the said commission as it had not been constituted in accordance with the constitutional provisions. He threatened to move the Supreme Court if the government remained adamant.

Mr Afridi said the prime minister had constituted a five-member commission to negotiate the formation of a jirga with the Afghan government without the approval of the federal cabinet. "The commission has been formed without constitutional base," he said, adding that Pakistan had no issue with Afghanistan which could be resolved through the proposed jirga. He said the formation of jirga meant that Islamabad had admitted that infiltration was taking place in Afghanistan from Pakistan.

Minister for Parliamentary Affairs Dr Sher Afgan opposed the adjournment motion, saying that through this jirga Pakistan would be able to prove that infiltration in Afghanistan was not taking place from its tribal area. Presently, he said, Pakistan was facing criticism from the international community that it was supporting terrorists and Al Qaeda activists. "There is no mala fide intention in the formation of this commission, which is legal, lawful and constitutional," he added.

Moreover, he said Fata did not fall in the jurisdiction of the Supreme Court or high court.

"We want to prove that terrorism is not being supported by Pakistan," the minister said, adding, "Pakistan wants a peaceful and stable Afghanistan."

Leader of the house Wasim Sajjad said the commission had been formed by the prime minister through an executive order.

Senate Chairman Mohamadmian Soomro did not allow debate on the motion after listening to viewpoints of the minister and Mr Sajjad.