Association of Pakistani Lawyers (APL), a team of Pakistani origin lawyers, Solicitors, Barristers, and Judges in UK has urged the Pakistani Govt. to abstain maligning Islamic teachings into an immunity question in the wake of SC hearing of 25 May 2010 as it can stir riots and unnecessary law and order situation. APL condemns the ignorant statement of Govt disrespecting and bringing the Islamic heritage, traditions and Quran law into questionable position of disrepute and ridicule. Those infected with verbal diarrhea must be advised to remain cautious and mindful of the situation as a little careless, this simple legal debate may turn into a common onslaught insulting & hurting millions around and triggering riots. So careful statements on this question of law is the key to save Govt, prestige and action from contempt of Court and public sentiments as its spillover effect may be disastrous for state, the govt, and public –Govt relations.
Chair APL Barrister Amjad Malik has warned that bringing Islamic traditions and teachings into parallel of current ‘immunity debate’ using foul language may incite religious hatred and Govt may be done on question of playing with ordinary people’s lives & sentiments rather than solving their day to day problems of water, sugar, flour, gas and electricity shortage. Question of immunity is based on common law as well as international law, and Pakistan has developed constitution based on different principles including British Empire’s then legislation and anti Islamic legislation is not permitted by the constitution (Art.2A).
Parity is maintained by keeping in view the international law, UN convention and sovereign immunity which is enjoyed reciprocally by heads of state who visits our country. If we cannot arrest them at our soil, they must not be allowed to arrest our head of state when we visit them, the notion quite obvious in practice that Iranian President flouts USA administration sitting in the heart of New York and is protected by sovereign immunity. Having said that it does not mean a President can get away with everything if his wrong doings become a matter of public interest, in that case only Supreme Court can determine the extent to which his ‘immunity’ is stretched and enjoyed under Art.248, and above all for past offences it is quite a simple interpretation by Superior Court whether immunity is extended to it or not once NRO is lifted by declaring it unlawful ab initio. Govt must not turn a simple question of law into a theatrical performable of ‘Othello’, kill and be killed.
Govt is confusing a Supreme Court order of 16 December 2009 with a Presidential immunity, an order which it neither contested nor reviewed within time. Now they must surrender that if assets which are not declared in election commission nomination papers in the past, they are subject to court order and Pakistan as a State has every right to revive the status as a civil party in the event those assets are declared ‘free for claim’ and laundered proceeds as a result of an unlawful commission and or crime against state and international community.
It seems like it that Pakistan has several Tier level system. People of Pakistan are confuse and nothing will be resolved unless laws are applied to each citizen equally.
Fauzia Wahab who has mentioned Hazrat Ummer’s statement, must first learn Islamic history if she get time to come out from the bed room of her party leader, to whom she is always buttering and giving him satisfaction through all ways. She is demanding immunity for her godfather, because if the godfather survive she has best time with him in the bed other wise she will be behind the bar which awefull. She is always irritating the public through her irrelevent statement but this time she has called religious extremists through her ridicoulus words, now she will be in real trouble, no one can save her from this situation.