Thursday, January 19, 2012

Zardari enjoys full Immunity; Musharraf had not: Atizaz Ashan

Pakistan Peoples Party's Legal Brain, Barrister Chaudhry Atizaz Ahsan said President Asif Zardari enjoyed Immunity under Article 248 of the Constitution, while Former President General Pervaiz Musharraf had no Immunity under the same Article. Therefore there is no need to write a Letter to the Swiss Authorities regarding the opening of Cases against President Zardari.

However, Atizaz was not able to answer why the President enjoys Immunity in Cases filed prior to the start of his tenure?

Atizaz Ashan sketched a Hypothetical Scenario and said the Supreme Court had a responsibility not to insist on writing a Letter that would eventually be dismissed in Switzerland. "The grounds on which the Swiss Authorities will reject the Letter could be that the President has Immunity in Switzerland too," he said. He said that President Zardari enjoyed Immunity in  Switzerland under the Vienna Convention until he was holding the seat of the President, "so it will be useless to right any letter to the Swiss Authorities".

Atizaz further said "If the Judges ask me about my previous statements regarding Immunity to Former President Pervaiz Musharraf, I will try to convince them that Musharraf had no Immunity because a Civil Suit had been filed against him… President Zardari, on the other hand, faces Criminal Cases in which he enjoys complete Immunity until he’s holding the President’s Office".

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