Tribune Take: With NRO out, Presidential immunity not guaranteed
Irfan Ghauri, senior reporter from The Express Tribune Islamabad, says this rejection will "open up a new Pandora's box" for the current government. He says although article 248 of the Constitution of Pakistan grants the president immunity, since the NRO was dismissed by the Supreme Court as never having existed in the first place, immunity could also lie in the hands of the court. This leaves President Asif Ali Zardari open for prosecution.
According to Ghauri the government can ask Parliament to pass the NRO as a law, but there are obstacles to such an approach because the ruling Pakistan's Peoples Party (PPP) does not have a simple majority to pass such a law. Additionally, such a law could eventually be struck down by the courts as unconstitutional.
Read Irfan Ghauri’s articles here.
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@MUHAMMAD KAUKAB: I think all stake holders should be brought into investigation who elected President while knowing the fact that president's election was questionable . Why are they wasting time and resources of the people and state now?
it sounds Weird that how come a person can be immune of penalty/interrogation if he has done something wrong to the country or people. Does this funny law exists in any civilized country ?
@H.A. Khan: It sound weird that any one who is culprit and has done wrong is immune of penalty and interrogation. Does this funny Rule also exist in any civilized country ?
@ishrat Salim: immunity is provided for in the constitution. it doesnt say that he needs to "plead immunity" to anyone. even if he didnt have immunity, do you really think that there is anything to prove? after 11 years in jail, no one could prove a single case. maybe we should stop hating people based on their political affiliations.
After the review petition of NRO has been dismissed, the Supreme Court must now decide the scope of constitutioanal provision granting immunity to the President from prosecution. Does it extends only to the acts done by the Preident while holding the office of President and acts done during the course of his duty, or it extends to the acts done during his lifetime before dubiously assuming the office of the President. The scope of the immunity clause has to be interpreted by the apex court as to whether the incumbent President can seek refuge behind the immunity clause for the acts done as an ordinary citizen. The common sense answer is emphatic NO. However let the Supreme Court decide the scope and put to rest the controversy surrounding the immunity issue.
NRO Review Petition stands dismissed. Now, it is the government's duty to implement Court order in letter and spirit. At the same time, it is Supreme Court's responsibility not to politicise the issue. The President enjoys immunity. This Constitutional provision should be respected by Supreme Court. Once Asif Zardari is no more President, law can take its due course. At the same time, I would like to suggest that list of all cases (of whatever nature) of all prominent politicians be prepared. They should be clubbed together and proceedings should take place simultaneously. This will help clear doubts on the impartiality of Supreme Court. Otherwise, the present Supreme Court can at best be called Chaudhry Court.
Immunity or no immunity the President every one says has undeclared assets overseas. Let there be investigation and let the truth come out. This will be test for NAB . My guess is the government in next few months will come out with a amnesty scheme to declare foreign assets and benami assets.
@Mohammed Ali Siddiqui Yes, no reconciliation with looters! Unless they are joining the PTI, and then looters and lotas are all redeemed!
@Shahid Agreed. It is good that the NRO was struck. However, the real issue is Article 248 of the constitution. As long as Zardari is president, he should enjoy immunity. The Supreme Court must not invalidate a constitutional provision. Under the constiution the President can provide a pardon any conviction. Thus it would be an absurdity to try and strip constitutional immunity.
Haqqani is out, next is Zardari and rest of his cohorts...I think US has now pulled plugs on the PPP govt now!
NRO was an ordinance ( temporary law ) & not law by itself...it becomes law if passed by the Parliament but because majority members did not support this ordinance it did not qualify as law.....hence, when NRO case came up in SC....the govt did not contest it....so Mr Shahid read the relevant clauses in constitution & law a little.....as it is said....little learning is a dangerous thing.....less educated person is more dangerous than an illeterate person....that is the reason of what we are today.....wud suggest not pass sweeping statement without knowledge.......
Can a bunch of judges make a constitutional clause redundant through judicial order? Very dangerous precedent if not resisted!
National Reconciliation Ordinance (NRO) was approved during General (R) Pervez Musharraf to give another chance for all the bad guys to loot and plunder the country.
I am happy that Supreme Court has dismissed the governments’ plea and has asked the government to pass the law in the parliament.
We must send the bad guys home and again put the corrupt people behind the bars.
Time is changing fast. There will be no reconciliation with the people who have looted Pakistan.