On presidential immunity

BY: DR SAIF UR REHMAN
Yet, another summon to PM has been issued to the PM the by SC on 13 February, to explain his position for not writing letter to Swiss courts to re-open graft cases against President of Pakistan.
Earlier, Prime Minister Yousaf Raza Gilani appeared in the court on 19th January 2012, to explain why he should not be charged with contempt for failing to reopen old corruption cases against President Asif Ali Zardari.
He categorically stated that “We respect the courts…my intention is to respect the constitution and my associates also respect the constitution.” and he emphasised that “I decided to appear before the court immediately after getting the notice”.
The constitution assigns the Supreme Court the responsibility of maintaining harmony and balance between the three pillars of the state, namely the legislature, executive and the judiciary. The idea is to ensure that the state organs perform their respective functions within the stipulated limits and constraints. As a guardian of the constitution, the court is required to “preserve, protect and defend” this document.
But it is very sad that the current judiciary under the lordship of Iftikhtar Chaudhry has failed to do so. The number of NRO beneficiaries is 8041. So far, only one person, the president of Pakistan, has been targeted and the remaining 8040 people seem to be exempted from accountability. Is this not against national interests?
As far as the president is concerned, Swiss cases are no more an issue as former Swiss Attorney General Daniel Zappeli clarified that the “Swiss courts cannot reopen the cases against President Zardari due to the immunity he enjoys as president.” The furore must die down as the international law also provides immunity to President Zardari. We have practical examples of France and Sudan regarding this.
The French courts do not take action against Sarkozy for his alleged involvement in the submarine scandal, allegedly done while he was not the president and the Sudanese president is not being arrested due to his sovereign immunity anywhere in the world despite an International Criminal Court warrant against him. President Zardari is the lawfully elected president and is as such immune from any legal action under Article 248 of the constitution. The judiciary is bound to follow the constitution of Pakistan because clashes between institutions cannot be digested by our country, against the backdrop of a faltering economy, widespread poverty and the bloody war with Islamist militant groups