LAHORE: The Sharif brothers and their cabinet members are pondering to use constitutional immunity provided under Article 248 of the constitution to dilute the hardness of FIR registered in the Model Town carnage.
According to sources in the Pakistan Muslim League-Nawaz (PML-N), some of the legal and constitutional experts were ‘revisiting’ the constitution along with the precedents of previous authorities of the PPP government to mould the case in the favour of Sharifs.
The Article 248 of the constitution reads, “(1) The president, a governor, the prime minister, a federal minister, a minister of state, the chief minister and a provincial minister shall not be 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.”
During the last government, former president Asif Zardari and former PM Yousaf Raza Gilani have also enjoyed the constitutional immunity in several cases against them in the Supreme Court.
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