اطہرمسعود کا کالم — ۔دیدۂِ بینا

Athar Masood Column – Dida -e- Bina

Some Questions To Opponents Of Immunity For The President جنوری 21, 2012

Here are some questins to the people who are opposed to the article 248(2) of the constitution relating to the immunity of ‘President of Islamic republic of Pakistan’ against any criminal proceeding during the time of his office.Article 248 of the constitution of Pakistan is placed below for the ready refrence.Relevant sections are (2) & (3).

248. Protection to President, Governor, Minister, etc.(1) The President, a 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.

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1)Don’t we admit that we all are muslim by name only,we use islam only for our personal and vested interests to protect ourselves or de fame others?

2)How many politicians,army/civil officers drink vine and engage in major sins(gunahe kabeerah)?,but still claim to be the ‘Thekedars’ of Islam,and depict islam according to their personal whims.

3)Are we not so hypocrites that we demand from our rulers to be ‘Khulafae Rashideen’but our own deeds have nothing to do with Islam & its teachings.Our nomal behavior is normally worse than ‘Mushrikeene Macca’?,since we lack even those’Qabaaelee’ traditions which they used to follow even before Islan.We want the islam to be implemented on all the others And on whole the world execpt of ourselves.

4)We want the Zardari to to be an example of Hazrat Umar(Ra) but how many among us have any relation with ‘Sahaba(ra)? and their life?Allama Iqbal perhaps said this for us;

Thay woh aabaa tow tumharay he magar tum kia ho?

5)What do we say about the immunity provided to all civil and army officers in criminal procedure code(CRPC), civil procedure code(CPC) and The Army act?

6)What is your opinion about contempt of court’s constitutional provision ie article204 and legal provisions ie contempt of court act and other protections and immunities provided against any action against their any wrong doings, decisions/actions & barring the people from any criticisim?

7)Does your constitution and law allow any FIR being registered against any judge,  general or chief justice if they have comitted a crime even very surely?

8)What do you say about article209 of the constitution about the ‘special’ procedure for the removal of the judges of superior judiciary?specil laws to protect Judges & Generals from normal Anti Corruption & Accountibility laws?

9)What is your opinion about the 8th and 17th ammendments of the constitution giving protection & immunity to all the dictators and their accomplice ‘Generals & Judges”against any costitutional or legal action?

11)Don’t you aknowledge that any article of the constitution which come after the other has a preffrence on the first.

12)Does any court has the power that while interpretting the law it can hold the meaning of A as B & B as A.

12)Last but not the least are we(The Pakistanis) the only muslims in this universe or Pakistan is the only islamic country in this world while all others are ‘Kafirs’?

The answers to these crucial questions will surely enlighten to the general ‘Illitrate people’ like us.

 

Supreme Court, Raaj Hut Aur Josh Maleeh Abadi جنوری 10, 2012

Supreme Court gave six options to government for implementation of NRO order. In first week of May 2010, a similar situation arose between government and Supreme Court, in such circumstances i wrote on 06 May 2010, the following column which is reproduced as "Qand-e-Mukarrar”
Supreme Court, Raaj Hut Aur Josh Maleeh Abadi