Dual office: ‘LHC cannot initiate proceedings against president’

Counsel argues Zardari enjoys immunity due to Article 248 of Constitution.


Our Correspondent January 23, 2013
Counsel argues Zardari enjoys immunity due to Article 248 of Constitution.

LAHORE: A full bench of the Lahore High Court on Tuesday announced that contempt of court proceedings could be withdrawn against President Asif Ali Zardari  if he provided them with a written statement saying he will quit political activities at the presidency.

The bench was headed by Chief Justice Umar Ata Bandial and comprised Justice Nasir Saeed Sheikh, Jusice Najamul Hassan, Justice Ijazul Ahsan and Justice Mansoor Ali Shah.

The president’s counsel, Waseem Sajjad, argued that contempt proceedings could not be initiated against the president due to Article 248 (2) of the Constitution, which provided him presidential immunity.

He said not only can proceedings not be initiated against the president during his tenure, but also that proceedings initiated against him prior to holding office must be suspended during his tenure.

The bench responded that according to Article 204 (2) of the constitution a court shall have power to punish any person who obstructs the process of the court in any way or disobeys any order of the court.

Chief Justice Bandial remarked that the petition is in the public interest and the court is continuing with this matter in the interest of the public.

 

Sajjad replied that there is a certain method to interpret the Constitution. He maintained that one article of the constitution does not nullify the other.

“Off spins and googlies are being thrown to catch the president,” said Sajjad.

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

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

At the request of Sajjad, the court adjourned the hearing until February 6.

Published in The Express Tribune, January 23rd, 2013.

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