- Azad Jammu and Kashmir Constitution Act does not postulate that executive authority of Azad Jammu and Kashmir Council will, be exercised by the functionaries or officers of the Government of Pakistan although the Prime Minister of Pakistan is the Chairman of the Council — While performing functions of the Council the Prime Minister of Pakistan cannot delegate any function of the Council to any officer or authority in the Government of Pakistan although they are subordinate to him as Prime Minister — Azad Kashmir is not a part of Pakistan and laws of Pakistan are not applicable to the liberated territory of Jammu and Kashmir — Employees Old-Age Benefits Act, 1976 although extended to the whole of Pakistan yet the same does not visualise to perform functions in Azad Jammu & Kashmir — It is thus clear that EOB Institution is performing functions in connection with the federation — The functions which it performs are entrusted to it by the Federal Legislature and the Federal Government — Clearly it is not a functionary subordinate to the AJ&K Council — Held: The Azad Jammu & Kashmir Council could not delegate its functions to the said Institution. Jabber Hotel Mirpur v. Kashmir Council Islamabad 2000 SCR 507 (B)
error: Content is protected !!