1/23/2012

Presidential Immunity According to the Article 248

The article 248 of the Constitution of Pakistan is top of the discussions in these days, many media persons are presenting their views without being understand that what actually article 248 is subjected about. According to the Constitution of Pakistan article 248 is relating with the protection to President, Governor & Ministers of the State, it stated that;


(1) The President, the Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a Provincial Minister shall not he answerable to any court for 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:Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Federation or a Province.
(2) No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office.
(3) No process for the arrest or imprisonment of the President or a Governor shall issue from any court during his term of office.
(4) No civil proceedings in which relief is claimed against the President or a Governor shall be instituted during his term of office in respect of anything done by or not done by him in his personal capacity whether before or after he enters upon his office unless, at least sixty days before the proceedings are instituted, notice in writing has been delivered to him, or sent to him in the manner prescribed by law, stating the nature of the proceedings, the cause of action, the name, description and place of residence of the party by whom the proceedings are to be instituted and the relief which the party claims.


In light of the above stated article however we can not conclude any result but the lines are stating clearly that "the office bearer either he is a Governor, any Minister or even the President shall not answerable to any Court for the exercise of powers and performance of functions of their respective offices"

So according to article 248 President of Pakistan has an immunity against court proceedings, further I want to add that this immunity is not only for Mr. Asif Ali Zardari nor any other particular person but this immunity is for every President of Pakistan who either left or will hold this office in future.
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