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Presidential immunity, a real threat


Thinking the genesis of problems the country bogged into these days simply is the predicament itself. Tradition of oversimplification ruins the potential of discovering an appropriate rather sustainable solution for all tribulations. In fact, we let infection breed within and try to immuning exterior yet aspire to having an enormous health and stature.

The debate is all about stability, peace and democracy in the country without realizing that mere debate itself would not yield any production. Having watched a full show once again in the Supreme Court, one would breathe apparently serenely as Prime Minister appeared before the Court and amity prevailed.

With much wiser reply to call of jury, Prime Minister Gilani undoubtedly, has done a credible effort to providing peace and tranquility to much-depressed atmosphere hence should be applauded. His action virtually affirms two morals. One, the system would be stable and intact and second, threats to democracy would be paralyzed if institutions work within the confinement the Constitution respecting each other’s mandate.

Besides this plausible development, the disappointing notion hailed too whom we call mother of all evils. The issue of presidential immunity under Article-248 of the Constitution itself is the real threat to government as well as democracy. We hardly find a consensus amoung law experts over its translation even it is included in the Constitution. Apart from its relevance to the present situation, we find it one of the pungent parts of our constitution adopted by the editors may be unconsciously from Anglo-Saxon law, as it has nothing to do with Islamic Jurisprudence.

Its evils are even more though one could come up with few of its profits too as it provides constitutional cover to the wickedness of discrimination in a country where humanity already suffers from worst segregations based on cast, creed, ethnicity, gender, class and religion.

Within the system, it poses threats to inter-institutional harmony and hence erects one against other. Simultaneously, provoking the abuse of power and authority it undermines the law and hence decomposes the ambit of Constitution.

Above all, it ridicules the essence of Constitution that is drawn from golden principle of equality under Islamic wisdom. As neither, the Great Prophet (PBUH) nor His Associates practiced it during their ages.

In our cases, we undoubtedly are the victim of this single article as far as government-judicial confrontation is concerned. The sizzling phase after taking many sensitive turns have reached to comparatively soothing phase after two years yet its sustainability lies under shades.

We saw Prime Minster stating before the Court that his boss in the presidential Palace enjoys immunity under Article-248 of the Constitution hence his government under the law was unable to write to the Swiss Courts to opening proceedings against him. Similarly, we have received a vivid judgment and many real time remarks by the Apex Court ruling the executives to carrying on with the trial against corruption in the country as well as abroad even in the presence of same article in the Constitution.

Now, the matter looks to being resolved soon once for all since both the counsel of the government and jury seem attending to the issue quite after a lot. We urge the political leadership to deciding about the fate of Article-248 meanwhile, as after all it is their right to remove discriminations and evolve uniform system in the country.

Justice will take its course yet it would be plausible if Parliament looks into the matter proactively as it had done a year back by amending 103 sections, articles, clauses of sub-clauses of constitution unanimously. If political leadership takes up the issue pro-actively, they would be entitled to more respect and appreciation from the masses and therefore would acquire a stable political system and opportunity to ruling over the hearts of millions.

Otherwise, they will have to follow what jury would declare for them. Consequently, their reputation would be grounded and they would continue to pleading for the completion of their term that they might have to reduce to four years or even less than it.



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