Legal and constitutional experts are divided on whether the president enjoys immunity against criminal proceedings as the “memogate” landed in the Supreme Court and the court asked President Asif Ali Zardari and others to file replies on the issue within 15 days.
The question of immunity to the president has arisen again as Zardari has been made respondent in the case, with the Supreme Court observing that Article 5 of the constitution binds every citizen to be faithful to the country, and adding that the memo raises questions over the country’s sovereignty. Asked to comment on the constitutional position vis-à-vis immunity to the president, Justice (r) Wajihuddin Ahmad said inter-alia the act of the accused, whosoever he is, is bordering on high treason, adding that the president does not enjoy blanket immunity.
On the question of logical end of the exercise the Supreme Court is going to undertake, Ahmad said the SC can determine parameters and modalities of Article 6. “The SC cannot try the accused,” he said.
However, asked whether he sees any confrontation between the judiciary and parliament as the parliamentary body is also taking up the matter today (Friday), he said there is nothing like that.
Senior lawyer Ikram Chaudhry said the president does not enjoy absolute immunity, adding, “Suppose the president, in connivance with some other country, hatched a conspiracy against the country… he hands over Azad Kashmir to India, how can he be given immunity?”
He said a person who conspires against the country’s sovereignty cannot be given immunity.
Another senior lawyer, who did not want to be named, said president does not enjoy immunity, adding that the Supreme Court has not yet given its final order.