CPP urges CJP to hear its case on the Interpretation of Article 248.

(January 18, 2012)    The press statement on the subject “CPP urges Chief Justice of Pakistan (CJP) to hear its case on the Interpretation of Article 248 against the immunity of President Zardari with the contempt proceedings of the Prime Minister of Pakistan”
 as issued by the Central Secretariat of the Communist Party of Pakistan
 (CPP) for the information of public, electronic and print media is as 
under:-
Communist
 Party of Pakistan (CPP) has urged the CJP Mr. Iftikhar Muhammad 
Chaudhry and seven member bench of the Supreme Court (SC), which would 
start its contempt proceedings tomorrow on 19th January, 2012
 to hear its Constitutional Petition against the immunity of President 
Zardari, the point which is likely to be focused and discussed by the 
Counsel of Prime Minister  Barrister Aitzaz Ahsan.
CPP filed this petition through its Chairman, 
Engineer Jameel Ahmad Malik on 13th April, 2010 which challenges and 
seeks interpretation of Article 248 from the Apex Court but till date 
this case has not been fixed for hearing.
The questions of Immunity to President Zardari and interpretation of 
Article 248 is now likely to be focused in the contempt proceedings 
against the PM Syed Yousaf Raza Gilani, as after the judgment of NRO, 
there is indeed an ambiguity concerning immunity of President Zardari 
under Article 248 and SC is the right and proper forum for 
interpretation of Article 248, as to what extend the President enjoyed 
immunity
Whereas the President, Prime Minister and Law Minister are openly 
saying that President Zardari under Article 248 has a free license to do
 any thing he likes and no Court can summon him and opening of Swiss 
cases as directed by SC in NRO cases is against the spirits and meanings
 of Article 248.
The troika of President, Prime Minister and Law Minister are assuming
 Pakistan as a Monarchy State which is not true. Neither President 
Zardari nor his co-accused has any immunity under Article 248 for 
corruption cases against him either with Accountability Courts here in 
Pakistan or in Swiss Court in Switzerland, the CPP Chairman maintained.
Even otherwise, the Article 248 does not give a free license to 
President to do anything he likes. CPP in its petition cited various SC 
judgments that how our SC has interpreted the Article 248 which 
restricts the boundaries and conditions of Article 248 and the whole 
petition is now available on the website www.cpp.net.pk of the party.
CPP highly criticized all religious and bourgeoisie political parties
 in its petition and said they have double standards. They amended 102 
Articles vide 18th Amendments but all of them compromised on Article 248
 with PPPP and President Zardari and so they did not even touched a 
comma or full stop of Article 248.
CPP Chairman stressed that if President “kill an human being” or “involved in a criminal cases of a heinous crimes” or “involved in a criminal case of moral turpitude” or “involved in massive corruption cases” or “if he openly commit an act of High Treason under Article 6” and “abrogate or subvert the Constitution”, it is totally vague and evasive interpretation that he is protected under Article 248.
If it is accepted that President has a free license to do anything he
 likes than the whole Constitution of Pakistan becomes nugatory and 
redundant and this is against the basic spirit of the Constitution of 
Pakistan, 1973.
In the petition moved to SC, the Chairman of CPP disclosed to the 
Apex Court that in China Communist Republic, which is a secular and 
non-religious state but neither its President nor Prime Minister has the
 immunity not to appear in any Court of law.
In China, vide its Article 41, the Citizens of the People’s Republic 
of China have the right to criticize and make complaint to any state 
organ or functionary and Courts are bound to summon and redress their 
complaints whereas vide our Article 248 says, “No criminal 
proceedings whatsoever shall be instituted or continued against the 
President or a Governor in any court during his term of office.”
Engineer Jameel stressed that according to Islam, Holy 
Qur’an and Sunnah, not even Caliphs or any rulers or persons has the 
immunity and protection as now allowed to certain extents in Article 248
 of the Constitution, which, otherwise is a Muslim country known as the 
Islamic Republic of Pakistan.
He said that the immunity provided in Article 248 cannot extend to 
illegal or un-Constitutional acts. President is bound to obey the 
Constitution and law under Article 5(2) of the Constitution which is 
basic obligation of every citizen.
From:

(Press Media of CPP)

Communist Party Secretariat,

Communist Party of Pakistan,

House No. 1426,

Fateh Jang Road,

Attock Cantt.
Tel:   0092-57-2611426 Off

Tel:   0092-57-2701353 Res

Fax:  0092-57-2612591

Mob: 0092-300-9543331
E-Mail:  [email protected]
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