Pakistan

Dual offices case: 'LHC cannot initiate contempt proceedings against Zardari till he is President'

President Zardari's counsel says Constitution provides immunity to Zardari.

Web Desk January 22, 2013

A file photo of President Asif Ali Zardari. PHOTO: AFP/FILE

LAHORE: “Remove Asif Ali Zardari from the presidential post, end the constitutional protection he has and then initiate any proceeding against him.” This was told to the Lahore High Court by the president’s counsel on Tuesday, Express News reported.

When a five-member bench of the court began hearing the dual offices case against President Zardari, his counsel, Waseem Sajjad, argued that contempt proceedings could not be initiated against the president in the presence of Article 248 (2) of the Constitution, which provided him presidential immunity.

Sajjad said that during the tenure of his presidency, if Zardari commits a serious crime then he can be removed from the post by the Parliament.

The petition was filed against President Zardari for continuing to hold the political office of co-chairperson of the Pakistan Peoples Party (PPP).

COMMENTS (8)

Moderate Pakistani | 11 years ago | Reply

Waseem Sajjad is a role model for the youth. Forget about principles, dignity, truth and all those stupid things preached in books. Follow the men in power and enjoy :)

Roni | 11 years ago | Reply It is imp for a provincial court to take the case of president of the federation. Only by taking the cases of and punishing the people of other provinces in Lahore the federation would become stronger. The High Courts of other provinces should be disbanded immdeiately.

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Muhammad Asghar | 11 years ago | Reply @ Beatle.. I agree there is immunity exist in the constitution and every head of state of the world enjoys it as well. But it does not give them authority to do what they want, or to minuplate every thing under the cover of immunity. The people here only talks about the words of Constitution no one talk about its Gist. The Gist of Immunity article is to save the head of state from opposition`s propaganda or from the false suit. as the President is symbol of state so he should be safe from false propagenda agianst him. It does not means he is above the law. The constituion save him in this manner. But he also comes under the law. and the decision in a Suo moto case action will definetly apply on the President as in Suo moto there is no possibilty of registering a flase/ propaganda case against the president. The only objective of Immunity Article is to safe the Head of the state form False Propagana and the dirty politics against him, It does not means in any way that he is above the law and can do whatever he want. He is accountable for his actions under the Law. Now, when there is ambiguity exist regarding constitution, Only Supreme court can interpret the real meaning of the specific article. go and get the interpretation of the article. This is Democracy man, not dictatorship of Sultanate. where the dicatator is above the law.

Beatle | 11 years ago | Reply

Some people try to contemplate certain clauses of constituyion to their wish, or considering the affected person, of their like or dislike. Constitution is a permanent document, till it is amended by its custodians, (i.e.) the parliament. Presidential immunity is a universal phenomenon, and each and every head of state of world enjoys it, provided he himself or the parliament waiver.

Rex Minor | 11 years ago | Reply

No individual should be immune against the laws of a land. However, it may be that the office of the President and the Prime Minister have the immunity and this could be revoked from the individuals.

Rex Minor

A - No.1 | 11 years ago | Reply

No chance LHC.

FN | 11 years ago | Reply

This is the problem with Pakistan. People who're in some form of powrr, or are rich and ahve strong backgrounds aquire immunity to law, legally or otherwise.

No one should be above the law, no one!

asim | 11 years ago | Reply

President has no immunity as per article 50 ; (Parliament is composed of the president and two houses.....senate and national assemble and then are listed disqualification rules in this article). Those who preach of immunity are trying to mislead the nation.

It is really sad that despite lapse of 5 years courts are unable to decide;

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