PAKISTAN:Mach ado about President’s Immunity

Posted on 30. Sep, 2010 by in Pakistan

When the corrupt feel protected within a given law then that law loses it’s moral authority. This forces the public to show complete disregard to the system which is the first step towards anarchy. Raja Mujtaba

By Dr. S. M. Rahman

Irrespective of the fact that any immunity to the President, as per Islamic ethos, is inconceivable, and contrary to the Objectives Resolution, which was the preamble in the 1973 Constitution, the present judiciary has not given any verdict one way or the other with respect to this issue. For the Swiss cases against the President, the apex court simply advised to write a letter to the Swiss authorities that the letter written by the Ex-Attorney General, was malafide as he was not competent to write for the withdrawal of the cases against Mr. Asif Zardari and others on the pretext that NRO had given exemption to them from any accountability. In the first place, the Supreme Court’s order was to write letter to the Swiss authorities informing them of the real situation that the letter for withdrawal was not valid, as NRO has been declared ultra vires of the Constitution. The ex-Attorney General Mr. Qayyum had committed an offence as he was not authorised to issue such a letter to the higher Swiss authorities. It was against the propriety of diplomatic norms. It was only to correct the wrong done and to inform the Swiss authorities that NRO stands nullified, and as such to open the cases or to let them remain dormant was the prerogative of the Swiss Courts. Pakistan can not write that they must initiate the cases which were wrongly withdrawn. Presenting a real situation is the moral imperative for Pakistani government.

Swiss government also knows that the President enjoys immunity or what legal international norms exist in this respect. There was absolutely no harm in writing a letter, as it did not presuppose that the case against Mr. Zardari would be opened. Harping on the immunity issue, to my mind, even though I do not possess any legal background, is absolutely a diversionary technique. The PM’s contention that the Supreme Court cannot change the Constitution is again to repeat the very obvious. No one in his true state of mind can say that Supreme Court has the power to amend the Constitution. The Supreme Court, however, has full authority to interpret the Constitution and also nullify any law which is against the spirit of the Constitution. The Parliament has the power to amend but not to abrogate the Constitution. Changing the basic structure of the Constitution or its very spirit does not lie with the Parliament. As per judicial expert Mr. Conrad of Heidelberg University of Germany, Parliament can not change the structure of the Constitution. India’s apex court has followed this principle in its judgments. Amendments should remain within the norms of “amendment”.

The judiciary is quite ethical and moral in its orders against NRO beneficiaries. They have to be suspended till such time, they are cleared by the Courts. The Secretary General of PPP appeared before the Court and he has been cleared. Other beneficiaries of NRO should emulate it. Government’s indifference and deliberate defiance by not honouring the apex court’s orders for the last over nine months, it is guilty of affront to the highest judiciary. The persons who were declared criminals, instead of taking action against them, they were posted on very prestigious and lucrative jobs like Chairman OGDC and Chief Secretary Sindh. In a way, it is a message that it is the Government which understand laws and the Constitution and that the Supreme Court quite naively was not paying any credence to the ‘immunity’ which the President enjoys. If the President, hypothetically, in a fit of rage kills any opposition member of the Parliament/Senate, will he still enjoy immunity? The immunity is never absolute and is subject to interpretation by the Supreme Court

It is not understood why Government is so reluctant to rectify an error which the former Attorney General had committed. By writing a single letter, the Government would have established its credibility. The fear that the Swiss Courts would open the cases, shows that there is a ‘fly in the ointment’ otherwise the apprehension is unfounded. Why should one fear if he has done no crime, any money laundering or any violation of international law?

The dignity of the apex court, after a long time has been established due to the ‘will’  of the people, which has asserted to lend dignity to otherwise a much degraded institution by General Pervez Musharraf, through uncivilized acts, which have never happened in the legal history of the world. By disgracing judiciary, is a way the dictator had humiliated the people of Pakistan. It is ironical, in fact out-rightly immoral on the part of the so called politicians and constitutional experts, who want General Musharraf to stage a comeback and grab political power, the voters being utterly ignorant and gullible. It could only be for utilitarian interests and not the least for Pakistan that they want him back to further pollute the political culture of Pakistan. These are unfortunately the sycophants who inflate the ego of dictators, who are least sensitive to respect the pluralistic structure of our polity. Such flatterers, in my opinion must not be patronized and pampered by the electronic media. It is in the compliance of the judicial orders that lie the true essence of a democratic culture. Islam’s cardinal principle is justice. Media must remain glued for the preservation of democracy and not glorifying its killers.

So far as immunity to the President is concerned, the public opinion is in favour of rectifying the situation, as it is not congruent to the Islamic ideology. Even USA subjected its Presidents to face the legal proceedings. Nixon had to resign from his job and Clinton faced a great ordeal and embarrassment by the prosecution lawyers. The contention that Mr. Zardari is the commander-in-Chief of the armed forces, but so was Nixon, Clinton and even Indira Gandhi. Were not they enjoying the same status? A serving Chief of Army Staff was removed from service in Sri Lanka on charges of criminal offence. Two Israeli Presidents got sacked for sexual offence and embezzlement charges. Immunity was the brain child of Ayub Khan, the first sinner, who set the tradition of Marital Law and thus created a vicious precedence to follow by his successors. General Pervez Musharraf, who has practically destroyed every institution, and by his ‘blind’ subservience to USA, mainly to continue his own hold, Pakistan has been reduced to a vassal state, having no sovereignty whatsoever. Unfortunately, the civil government has the same style of governance – complete subservient to what the USA dictates. The Prime Minister, supposed to be the Chief of the Government is playing second fiddle to the President. It is a gross violation of parliamentary democracy. The President and the Governor of Punjab believe as if democracy only revolves around them. They are hardly the models for our youth to emulate. Only judiciary is conducting itself gracefully and has become a pride of the nation. It is fully determined to eradicate corruption from the society, which is the major determinant of our humiliating image all over the world.

The confrontational stance of the government against the judiciary thus creating a great crisis has been averted though temporarily, widely believed to be due to the involvement of the Army Chief (though not a laudable step on the part of highest civil authority), but somehow this is a ray of hope that ‘sanity, may prevail and the so called hawkish legal experts would be well advised to refrain from misleading the President/Prime Minister from graceful implementation of the Supreme Court orders. There is no other way out.  Adlai Stevenson made a very valid observation: “Man does not live by words alone, despite the fact that, some times he has to eat them.”

Dr S. M. Rahman is Secretary General FRIENDS founded by General Mirza Aslam Beg, the former Chief of Army Staff, Pakistan. He is widely acclaimed for his intellectual and scholastic contributions through various mediums. He is widely travelled and has lectured in many renowned universities of the world and Think Tanks.

He has authored several books in global and regional issues. Now he is a regular contributor to Opinion Maker.





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One Response to “PAKISTAN:Mach ado about President’s Immunity”

  1. Dipak Kumar Adhikari

    27. Oct, 2010

    Kind Attention
    To,
    The Incharge of the Department.
    Government of India.
    Sub: My wife, her family prostitute, Please save me, and My Family. Please send the matter to the appropriate authorities, if necessary.
    Respected Sir,
    100% now I believe that if you have money then you can get anything, every thing is possible by you. If you are a poor then you can’t get anything, every thing is far and beyond possible to you, also you get poor judgment and poor comportment in all aspects of life, in our country INDIA. For example 1. I. I went to Police Station more than 100 times, made 5times entries (complaints) into G.D. but Not even a microscopic actions took place against the alleged bodies. On the contrary Sandip Samanta, S/O. Shankar Kumar Samanta (S.B.I. OFFICER Ph. No. 9830366434, Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India?, Bank Ph. No. 033 25308337) he has much more and enough money so they purchase all police personnel’s and some political leaders, some Dada. Etc. Only I used to get many letters and many phone calls which all seem to me needs to be thrown in the trash, as it all are valueless, toothless and only simply a solace to the poor. What an undone boy I am! Woe is to me! My wife and her family, Shankar Kumar Samanta and his family harassed me and my family, they are torcher me physically and mentally, and all time told that they kill me and my family. Dt. 06.08.2010 Case no.336 U/S: 147,148,448,325,379/34 Sandip Samanta, doing the case me and my family, and his evidence only his father, mother and his uncle, not a single man in my village for their evidence, it’s a 100% fabricated case.

    We got married 05/03/2002, and have a daughter who took birth on 09/07/2005. My wife and her family lodged a case 498A/34 IPC, FIR NO.276, date 31/08/2009, P.S.: BAGUIATI, against me and some of my family members it’s a fabricated, baseless, legless, toothless and doesn’t have any commensurate to the fact. My wife is engaged and having an illicit affair with a boy (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Officer Ph. No. 9830366434, Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India?, Bank Ph. No. 033 25308337) just opposite to my house, all the matters are known to every person in my village, and also they have certified me written about my fresh character and nature. When my wife left form my house with Sandip Samanta taking many vory gold and cash 1.20 lack Indian rupees. What a demon she is! She didn’t take our only daughter (only four years old) who is now in my house having severe asthma supported by inhaler. My wife filed the 498A case dated 31/08/2009 and I was arrested on 06/09/2009, how much money Taken Baguiati police form my father and others for 498A/34 I.P.C., fabricated Charge Sheeted, I don’t know, because then I’m in Jail. The Learn” ed court granted me on bail on 19/09/2009. Barasat court. And now I get only date and date…. I have lots of irrefutable evidences, (20 pcs. Adult S.M.S., Adult picture with the boy and a c.d.) with me where it is cleanly reveals which translates my wife and the boy that they are in illicit relations. Believe me I and my family would love very much (which is very rare seen in our society) to my wife and never any kind of love lost didn’t happen. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Main Road, Kolkata – 700054, Beside 5 Star Club, my mother saw 1st time and she arranged my marriage. Before marriage my family did not see the pedigree of my wife’s family, now we understood also realized that they hailed from a worst status. My wife, her family prostitute and (Sandip Samanta, S/O. Shankar Kumar Samanta) all they are misusing this law. Now my wife’s family knows all the affair-related matter. My wife left our only solitary daughter to me who is 4 years old having severe “Asthma Disease, depends on INHALER, here political Hide and seek, ducks and drakes and lots of unfair means are going on and the father of the parents (THE FATHER OF THE BOY WHO HAS ILLICIT RELATIONS WITH MY WIFE) are rich, so they are spending money to everywhere with a view to be escaped. Now I decided that in no way I can’t accept that demon wife. I hired a lawyer his name Mr. Kamelash Nandi. I don’t know what will be happened next? It’s an utterly a huge and a palpable offence subsequent to which the boy deserves severe and examplanary punishment so that no one can dare to abuse this law. My mother is a sugar present shies sugar is now 400. If possible please help me. Please investigate the matter thread barely and save me and my family. I leave here one question to every one that in this die-straits situation whom do I take care to myself (TRAGEDY), my daughter, or my mother (severe Diabetic)?. My wife filed another case me U/s. 125 Cr. P. C. Case NO.167/2009, (Smt. Nita Sarkar J.M. 1st Court Sealdah South 24 Parganas. Date 16/12/2009.) They take 4(four) Advocate at Sealdah Court. I have no any Advocate at Sealdah Court. J.M. 1st Court Sealdah not see my any papers related to my case, Order 1000/- P.M. And now I get only date and date…. I am millions miles away from the genuine and authentic investigation and inquiry. No inquiry, investigation were executed against the F.I.R lodged by my wife. It is very painful, lamentable as well as heart rendering, breath taking affair to me and my family. My heart bursts into guffaw when I see the nature of the inquiry and investigation. One thing is as clear as crystal to me that the law and the task of the law enforcing agencies vary from man to man. A new proverb is going to take birth very soon that “Justice for the rich and Injustice is for the poor” A rich reserves the right to indulge in any kind of heinous business but the poor is restricted to involve in any type of excellent deeds” To see all these my heart is about to come in the mouth and the ground under my feet gets shook. In a word all types of Law are for the poorest and the richest will enjoy the richest judgments from all quarters.

    After coming form the DumDum Central Jail, I mat with the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and asked him politely: “ SIR I FAILED TO UNDERSTAND THAT I MADE SO MANY ENTIRIES INTO YOUR G.D.E. BUT YET NO ACTION SO FAR HAS NOT BEEN TAKEN FORM YOURSELF” then BAGUIATI POLICE O.C. Mr. Goutam Mitra, went through all my papers (20 pcs. Adult S.M.S., Adult picture with the boy, G.D.E, MANY MANY OTHER PAPERS RELATED TO MY CASE and TWO c.d.). After seeing all my papers he told me that I cannot take any action until and unless you lodge a case against all of them.

    Then I Prayed to the Ld. C.J.M at Barasat court to lodge the case, against the alleged person. (The payer to the Ld. C.J.M. is enclosed which is self-explanatory) after filing the case (The case is starting At Baguiati Police Station Case No-168 Date: 24.04.2010. CHARGE 323, 379, 406, 497, 498, 500, 504, 506 READ WITH 34/120B OF INDIAN PENAL CODE) the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, in stead of taking not any take proper investigation/ not take any action/ not take any type of query to recover my Cash and Gold form the house of Shankar Kumar Samanta, The BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, took my case as a Golden Goose, and how much money BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, has taken is well known to them. Neither he took any take proper investigation/ not take any action/not take any type of query nor he did roundup them against my case.

    When I saw that already near by 120-150 days went by “I went to the BAGUIATI P.S. to know the status of the case then BAGUIATI POLICE I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, became outraged me and my mother that if you ask about Shankar Kumar Samanta and his family I will sentence you and your family in the Jail, all their languages is so much filthy dirty which I cannot express front of you.
    As I’m 100 percent innocent so I screw up my courage to place my grievances to every body in order to get redress. So I want to let my matter informed all the Indian and others. I wrote my matter to our local P.S., Local Councilor, all M.P., M.L.A., Minister in W.B. and Other States, C.M. in W.B., CBI Department, CID Department, S.P. and Dy.S.P.(N.) 24 Parganas, DGP Bhupindar Singh, All the I.P.S. AND I.A.S. OFFICERS. Governor in W.B, and President in India. P.M. in India, P. Chidambaram Union Minister of Home Affairs, National/International Human rights department, AAP KI KACHEHRI – KIRAN KE SAATH, Kolkata Police, and all police officers in W.B. informed Kolkata Commissioner of Police, Manager S.B.I.-Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India?, Bank Ph. No. 033 25308337. My nation, all of the news channels, and all press, Ld. Chief Justice High court and Supreme court. Talking with some NGO’s: 1. Universal Right and Duty for Human to Abide URDHA, 2. Human Right Commission’s Mr. Ujjal Paul and Mr. Shibaji Dasgupta. 3. Bharat Bachao Sangathan BBS- DS Rao, Anwar H Danish, Vineet Ruia. 4. Forum for Social Justice and Development FSJD. 5. Ajjtak News Channel’s Miss Menogya. and many more, (anybody can’t help me/ fight for truth /don’t take proper investigation/do not take any action/don’t take any type of query/ Still Now, many department told does not comes under the purview of our department. Then my question is where I go now? I can’t get Judgment still now. I see they all are in sound asleep. The reason is best known to them.
    I hope you would care to me, your prompt action shall be highly appreciated and deserves to be lauded.

    With kindest regards,
    Dipak Kumar Adhikari
    Tegharia(Dhali Para),NandanKanan. P.S.: Baguiati.
    P.O.: Hatiara. Dist.: North24Parganas.
    Kolkata-700059 Email:
    W.B. India. PH. 9874389190

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