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Originally Posted by game on
I read all posts posted by respected memberz regarding opening up of cases against mr 10 per cent.
hey! In fact its a matter of muncipal n international law.
Lets first see this issue according to international law! According to international law, Head of state or state can not be impleaded in the muncipal court of other state untill head of state or state itself submits to that court.Got it? IT means,cases against zardari cannot be opened unless he himself submits to that reopening of cases. So, Zardari"s "will" will be required to open up cases.Thats why sc has orderd law ministry to write a letter to swiss courts as this act of government would show "will" of head of state.
Now, talking about local laws, we tend to talk about artical 248.
artical 248 states wrongs committed "during" the course of performance of duties as president.Here, the word "during" is very important.as zardari committed wrongs "before" ascending to presidentship.In fact, Zardari would have stood disqualified had he not taken shelter under infamouse NRO.Again, after sc termed NRO null n void "ab intio", cases against zardari n his qualifiaction as president canditate pose pinching questions for sc to decide. Thats why, may be sc is going to interpret it in its own way.
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dear ur discourse is extremely impressive but i would like to add that presidential immunity is not tenable when it it is placed in juxtaposition with article 8 of the constitution which says that any law.usage,custom which has derogatory effect on fundamental right will be null and void......... the so-called immunity of president under article 248 is discriminatory and against the fundamental right of equality of all citizens before law which is protected under article 25 of the constitution and thus presidential immunity is not tenable but one may think otherwise for the sake of nation's interest but not to forget that this is the only way to get rid of corrupt leadership and this would be a right course in pursuit of new dreams for developed and independent pakistan. the removal of benazir, z.A bhutto, and nawas sharif has not caused any rebellion in pakistan. this time too, there is no threat whatsoever,,,,,,,,,,, we need only rule of law
