President’s Immunity!!

THE endless discussion about the Supreme Court’s authority to interpret the constitutional clauses pertaining to presidential immunity is mind-boggling. Interpretation is required where ambiguity exists.

However, the concept of presidential immunity which we have adopted from English law by virtue of article 248 of the Constitution of 1973 is unambiguous and clear.

Attempts by certain analysts and experts to limit its application to acts done in capacity of the president are also shocking.

The presidential immunity, which is the reflection of sovereign immunity granted to heads of state has always extended to all acts as long as the person remains in office.

The French courts do not take action against Sarkozy for acts like his alleged involvement in the submarine scandal, allegedly done while he was not the president and the Sudanese president is not arrested anywhere around the world despite an International Criminal Court warrant due to his sovereign immunity, for violations he did while in office, as long as he is the president.

President Zardari is the lawfully elected president and is as such immune from any legal action.

While the general public would love the dramatics of conviction of a sitting president, such pleasure at the cost of virtual suspension of an article in the Constitution is a heavy price.

The repeated swearing of allegiances by various socio-political figures to the government or the Supreme Court is self evident of the travesty of the situation since there is only one side in this supposed battle, the Constitution.

Published in Daily Dawn on 29-09-2010

Taliban: Victorious

Tomorrow on eleventh of September 2010, when Eid-ul-Fitr coincides with the 9/11 anniversary it will be decided whether America surrenders to Taliban. The way I see it, it is simple.

Taliban is an ideology, they believe in enforcement of their religious beliefs on others and usurping human rights. It does not matter if Afghanistan or Somalia where Taliban hold considerable power stand or fall. The troops can stay as long as Western powers can afford to but if the West gets infected with the same virus there will be little point in continuing the war.

In 2001, the Taliban announced their plans to destroy the landmark Buddha statues in Bamiyan, Afghanistan. The decision caused outrage among the global community. United Arab Emirates and Pakistan two of the three countries that recognized the Taliban regime requested that they are willing host the statues. But Taliban leader, Mullah Umar's stance was clear, that destruction of idols is the law and law must be implemented at all costs (the shariah law as interpreted by Taliban).

Today, history is on the verge of repeating it self. A pastor in Florida has announced a Quran burning event, though he is said to have called off and then reinstated the event the reaction of the West is not much different. Freedom of speech is the law, law must be implemented. At best we can use an anti pollution law to make them stop, but they can still go to the neighboring state where the law is lax.

In 2001, the international efforts went in vain, the Buddhas statues were desecrated and destroyed and the matter faded into oblivion. And while there is whole lot of tantrum about the event in Western press the only reason the pastor is being pressured into changing his plans is the fear of backlash globally and the director threat it may pose to US soldiers in Afghanistan.

The fact that it is an act of religious intolerance and similar to that done by the Taliban is not really what forces the leaders of Western world to deplore the act. The Taliban has indeed truly emerged victorious.

That said, a word to my fellow Muslim and especially Pakistani Muslims. You were over joyed at the Taliban's destruction of the statues and the saner voices though scarce had to lay low. So kindly, stop saying that you respect other peoples religion when clearly your history (and mine) is to the contrary.

Two wrongs do not make a right, and when the pastor commits the horrific act he shall join the ranks of Taliban but in the end its their country just like Taliban was yours. So record your protest peacefully and shut up! Come what may, violence is not justifiable.