- President, governors have complete exemption from criminal proceeding as they both represent federation
The Supreme Court has empowered the six-member joint investigation team (JIT) to investigate the Panama case and collect evidence, if any, showing that the prime minister or any of his dependents owns, possess or has acquired assets or any interest disproportionate to his known means of income to appear before the investigators as and when required.
The JIT submitted its first fortnightly report to the Supreme Court on Monday. The report – submitted in sealed packages – was not made public. However, the ‘rumours’ are rife that whether the JIT will call the prime minister in person and whether there is any provision in law that give him immunity or exception.
Pakistan Today has asked lawyers and legal experts the question whether there is any provision in law that gives an exemption to the prime minister from appearing before the investigators. “We have to draw a distinction first, see in the cases against the government, the Attorney General makes his appearance before the court and other relevant forums,” said Majid Bashir, a senior Supreme Court advocate.
However, this case was on individual level and the 13 questions Supreme Court has asked the prime minister and his children have to appear before the JIT, he said. So the court has given a verdict and for JIT for the sake of the investigation can call anybody, including the prime minister, he said.
Advocate Bashir also said that in his opinion the JIT won’t ask PM to make a personal appearance before itself and may relay a questionnaire to the chief executive of the country. Nasim Sikandar, another senior lawyer, said that the complete exemption from criminal proceeding was given to the president and the governors alone as they both represent the federation while the prime minister represents the government and it was not at all above the law.
“We need to understand that even if there is one member of JIT who fulfills definition of police officer and investigation officer, he is fully empowered to exercise the power of Criminal Procedure Code. However, whether simply asking the prime minister about his involvement or knowledge about a crime comes under their domain, we need to see,” he said.
Advocate Chaudhary Faisal said that there was no law to provide immunity to the prime minister or any other office except the president and the governor, to be nominated, investigated or tried for the criminal actions. But the exemption (to the president and the governors) was limited to their official functions, he said, adding that no criminal investigation can be initiated (against the president and the governors) during the tenure of their services in respect of official capacity.
Advocate Nasrullah Shah also said that the prime minister, MNAs, and other legislators have no immunity whatsoever from the criminal proceedings. “The only immunity they have that they can’t be brought in question over a statement made on the floor of the parliament, rest they are to be treated like ordinary citizens of the land,” he said.
ARTICLE 248: The Article 248 of the Constitution deals with the immunity given to the president, governors, prime ministers, federal ministers, chief ministers, provincial ministers and others. Interestingly, protection given to the prime minister, chief ministers, federal and provincial ministers exceeds only to the exercise of powers and performance of functions of their respective offices or for any act done or purported to be done in the exercise of those powers and performance of those functions.
However, the subsections 2 and 3, reproduced here bestow upon immunity from criminal proceedings exclusively on the office of the president and the governor. Article 248 (2): No criminal proceedings whatsoever shall be instituted or continued against the president or a governor in any court during his term of office.
Article 248 (3): No process for the arrest or imprisonment of the president or a governor shall issue from any court during his term of office.
