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Zardari has immunity under Article 248 - Lahore_Real_Estate - 09-25-2010 12:11 PM
* Gilani says president’s trial possible only after completion of term
* Only parliament can withdraw powers from institutions, including presidential immunity
* Govt will maintain supremacy of parliament
By Ali Hussain
ISLAMABAD: Speaking in the Upper House, Prime Minister Yousaf Raza Gilani on Friday defended President Asif Ali Zardari by saying that he enjoys immunity under Article 248 of the constitution.
The PM shielded the president as the supreme commander of armed forces and part of parliament, against the Supreme Court’s orders pertaining to writing a letter to Swiss authorities to re-open corruption cases against Zardari.
He also vowed to respect the judiciary and implement its orders in letter and spirit. Going a step forward, he also asked the beneficiaries of the National Reconciliation Ordinance (NRO) to voluntarily step down from their positions as government servants.
He said the government respects court orders, but the constitution has conferred upon it some powers, adding that it is up to parliament and its elected members of the National Assembly and Senate, to decide what powers are to be retained and what to be withdrawn.
“What is parliament if not the president, PM and both houses,” Gilani asked, adding that if even one component was absent, parliament would become incomplete.
Referring to the constitutional immunity enjoyed by the president, Gilani said that two and a half years had already passed, adding, “If ‘you’ want to try him then do it after the completion of his term and the end of his immunity.” Gilani, however, said that the government respected institutions, but respect of institutions does not mean merely respect for the judiciary.
He also expressed readiness to face the courts. “We are ready to face the courts for any complaints against us. We have faced the courts in the past and are ready to do so even now,” he said.
Referring to the passage of the 18th Amendment, Gilani said it was not a minor step and nobody other than a politician could restore the constitution to its original shape.
“The country was created by a politician, a politician made it a nuclear power, the constitution and its amendments were given by politicians,” he said, adding that dictators delivered nothing to the country.
He lauded the role of parliament and its members in the restoration of the constitution, given provincial autonomy and agreeing on the National Finance Commission (NFC) and also asked them to unite to protect institutions.
But, he underlined the need for all institutions to work within their constitutional limits and said respect of every institution was obligatory, including parliament.
“Parliament has also granted powers to all institutions, as well as the immunity to the president, through the constitution. If parliament desires to withdraw any powers from any institution, including the immunity, it can,” he added.
“We should give respect to institutions. But, giving respect to institutions does not mean to respect only the judiciary. What about parliament and other institutions? We respect all institutions, but under the ambit of the constitution.”
“We should not be used by dictators, we should respect all institutions,” the prime minister added.