Attorney General for Pakistan (AGP) Irfan Qadir on Wednesday said the Supreme Court had accepted the constitutional clause granting immunity to the president, adding that the government would refer to the president’s immunity in the letter to be written to Swiss authorities. Talking to reporters at the SC premises, Qadir said the letter to be written to Swiss authorities would be in accordance with the limits permitted by the constitution.
He said the Supreme Court had recognized the immunity being granted to the president under the constitution, so it would also be mentioned in the letter that would be written to Swiss authorities. Asked about his previous statement in which he termed it unconstitutional to write any such letter to the Swiss authorities, Qadir said the letter that would be sent to the Swiss authorities would be constitutional. To another question, the AGP maintained that Chief Justice Iftikhar Muhammad Chaudhry should appear as a witness in the Arsalan Iftikhar case, adding that one of India’s chief justices had appeared in a magistrate’s court in the past. Staff Report
This is the greatness of Respecte Supreme court of Pakistan by accepting the immunity to the president.But the President of Pakistan must also see and deal the whole above the interest of the party,so that he decides and settles the matters independlty and neutrally.
All the law experts including eminent lawyer Aitzaz Ahsan are constantly insisting that the constitution clearly stipulates that the head of state could not be prosecuted. Earlier, former judge of the Indian Supreme Court Markandey Katju had remarked, “Pakistani Supreme Court, particularly its chief justice, has been showing utter lack of restraint. This is not expected of superior courts.” According to Katju, taking a cue from the “principle in British constitutional law, almost every constitution in the world has incorporated a provision giving total immunity to presidents and governors from criminal prosecution.” The Supreme Court has also struck down the contempt law passed last month by parliament on the basis that it is unconstitutional. While the apex court has the authority to declare any primary legislation null and void if it considers it violation of the constitution, the power is usually exercised rarely and with restraint and only in cases wherein fundamental rights specifically enacted in the constitution were directly affected by the offending statute or law. Supreme Court has adopted a self awarded authoritative position, which is clear violation of laws and oath taken by the CJP and his judges. They are guardian of constitution not spoiler but they have assumed an anti-role, leading to complete disaster of system.
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