The petition, filed by Advocate Muhammad Azhar Siddique, prayed that Zardari should be convicted of contempt since he had failed to distance himself from party politics despite an LHC order dated May 12, 2011 expressing hope that the presidential office would not indulge in political activities.
During the proceeding, Bandial asked the petitioner to prove to the court whether a contempt of court proceedings could be initiated against anyone for not following court’s order of declaratory nature.
He added that it was highly hypothetical to think that the head of state would violate the Constitution.
Bandial further said that the LHC had issued a court order only expressing what is desirable and that it was not a restraining order. “It seems that the President has not committed contempt of court,” he said.
Petitioner Siddique argued that Zardari had not disassociated himself from the political office as expected by the court in its decision.
He said the directions issued by the court had neither been obeyed nor Zardari “stopped misusing the premises of the Presidency for the purpose of his party.”
He mentioned that Zardari had also invited National Assembly speaker Fehmida Mirza and applauded her over her ruling in favour of Yousaf Raza Gilani.
Siddique prayed to the court that the president should be charged and sentenced for contempt of court in view of the Contempt of Court Ordinance, 2003.
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What about presidential immunity clause?