President is not exempt as a Person

Dr. Anwar Ul Haque

The Constitution in its original form gives the president a symbolic status and ceremonial powers. Hence his acts as president are not challengeable in the court. Of course when he has no powers and he can’t act without the advice of Prime Minister and the Chief Justice he can’t make big blunders and his acts will not have any serious impact. Same goes with the Governors. However neither President nor Governor is immune from acts as a person e.g. if they commit a murder they can be and musty be punished accordingly. According to renowned lawyer A.K. Dogar Pakistani and Indian laws are carbon copies in this regard. He quoted India’s one of the most famous and respected law expert whose book has recently made a silver jubilee celebrations, who is of the opinion that President’s act as president are immune from the courts proceedings while they are in the office but not their personal acts e.g. corruption, lies, murders etc. etc. However the situation becomes grim when it comes to Pakistan as we have mutilated the constitution and President has acquired all the powers of the Prime Minister and the Parliament rendering these two institutions to mere rubber stamps. How then his acts even as President will enjoy the immunity. It does not make sense and such immunity is absolutely and clearly is in clear violation of the basic human rights which supersedes and surpasses all constitutions. If someone is murdered and robbed how can he be deprived of seeking justice and getting the offender punished? No way can anyone have immunity in such cases. The victim could be an individual or the entire nation In cases of gross national thefts, corruption, treason, the entire nation is a victim and any citizen must be able to challenge this in the court and in the election commission. When Mr. Kamaal Azfar asked A.K. Dogar about any ruling of Indian Supreme Court, he answered Indians never elected a corrupt President and hence issue of such incidence did not arise. Dogar said that Indian article 361 and Pakistani article 248 are same except that in India the word State is used for the provinces.

Qazi Anwar, president of Pakistan Barr Association is of the opinion that Zardari was not eligible to run for the office of the President in the first place. Zardari has a nickname of Mr. 10% and tops the list of the criminals in the corruption cases while Mr. Altaf Hussain whom nominated Zardari for  President tops the list of murders (31murders and 11 attempts to murder cases). Zardari’s notorious cases include tying of the bomb to a leg of a philanthropist and eating up all the donated charity money for building a children hospital in rural Sind and his Swiss Accounts and Surrey Place. He played insane in the latter case (Which again makes him unfit for the Presidency). The kickbacks which he took to buy Surrey Palace has given the gift of Electric Load shedding and rise in petrol and CNG prices along with severe damage to the Industries.  

I had filed three requests to the Election Commission of Pakistan to reject his nomination for the office of the President. The Election Commission did not even bother to issue a receipt of letters which were sent by TCS courier service. The Election Commission of Pakistan is not a free and independent institute. It has always been engaged in mass rigging of elections. In the last elections there were not real elections in Karachi but the results manufactured under gun point were verified and made legal., The Media showed the live videos of the massive under the gun rigging but no action was taken. As a result of this massive rigging Mr. Malik got “elected” as senator and holds the office of Interior Minister!

Islam is the Supreme Law of the Nation according to the constitution. We do not accept Justice (Rtd) Naseem Hassan’s wrong interpretation that this clause is equal to other clauses of the constitution. How can it be? This simply shows his extremely low I.Q.  as this interpretation amounts to an outright Shirk. Only Allah is the law giver. Even the Prophets could not make law. Allah creates us and He alone is the cherisher of all of us and therefore only He has the right to rule us. In Islam there is no immunity for the Khalifa. The great Khulfa-e-Rashdeen at times appeared in the court side by side with the other party. The Mussawat-e-Islam does not give the license to any one to commit crimes and get out off the hook. Granting immunity in cases of crimes as a person can not be accepted. President Nixon had to go on uttering one lie. Here we are defending the lies saying that our commitments are not Quran or Hadith!

We must understand that Allah has made clear criteria for appointment of Judges. The judges must be honest and competent. Appointment of judges on the whims of political parties in order to get protection and immunity against crimes is the most blatant injustice imposed on a nation. The nation will not tolerate such abuse and insult of justice. We need to bring proper systems and stop non sense practices. All political parties and members of civic society must unite and rise up to this challenge if we are sincere in serving people and saving Pakistan.

Dr. Anwar Ul Haque

116. St. 49 F 11/3 Islamabad 44000. Pakistan.

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Anwar Ul Haque