Whether presidential immunity under 248 is discriminatory?
 

the presidential immunity under article 248 of the constitution of Pakistan 1973 provides protection from civil and criminal prosecution and thus turns as discriminatory and goes contrary to the spirit of article 25 of the constitution which throws light on the equality of all citizens before law.reading together article 248 , 25 and article 8 , we can easily arrive at the conclusion that the so-called immunity of the president of Pakistan under 248 has derogatory effect on the fundamental right, protected under article 25 of the constitution and hence null and void according to article 8 of the constitution. please share ur valuable opinion in this regard:waiting

[B]Indeed,its discriminatory,but the fact of matter is unless parliament expel/amend it from constitution,no other institution is authorised to do so.Hopefully,we might get rid of this ridiculous article in next government. [/B]

Yes, the immunity given in constitution is discriminatory. It is a paradox within constitution. This immunity should be removed from constitution to establish the essence of a constitution.

but who will apply article 8 of the constitution against any law and custom that has derogatory effect on the fundamental rights. i think it is not the parliament but the apex court that will assess the matter.:waiting

i guess nothing is ridiculous with the articles of constitution rather it's ridiculous minds in present set of system including political parties n some segments of judiciary who're unable to make good point of view n making this minute thing controversial for their cheap gains.
if article 25 suggests law to treat all citizens equally.. then com'n president, who holds immunity as per article 248, is also citizen.. so give him time as long as he's president and start his cases once he's off his chair.. being on such a privileged and supreme level president shouldn't be disgraced n hold accountable for what he did in the past...
why people had to elect him if at all he was so impure... now whn evrything has been done under mandate of people why all leftists have to cry..??
can someone tell me, is it zardari's face or his personality tht people dont like...? what i can recall, he's not done anything bad in his 2 years of presidency... rather he's remained good to evryone in his tenure... i hv not seen any civilian president in history of pakistan tht has remained so vibrant in visiting foreign countries so frequently for the interest of pakistan n at the same time speaking in public...
yes people are intolerant because of his dirty past, which also yet to be proved whether was dirty or not.. com'n guys it's politics.. it's not like some religious process where one has to stay cent percent pure before n after holding any high level...
the reason why people dont like him.. i think it's like people dont seem to be getting attracted by his apparent posture, face mustache figure his way of speaking n bla bla.. i guess he should have one appealing complexion n a tactful way of speaking.... example like imran khan :pp

we shud let the democratic system prevail n nt let the substandard hidden hands of establishment ruin ths system..
i wonder sometimes why musharaf is not the part of anybody's talks, on tv talkshows or elsewhere.. who actually is all culprit, the sole promulgator n creator of NRO, the destroyer of sharif's heavy mandate in late nineties.. i wonder... dont u..?

but who will apply article 8 of the constitution against any law and custom that has derogatory effect on the fundamental rights?[COLOR="Blue"][I][/I][/COLOR]. i think it is not the parliament but the apex court that will assess the consonance of any custom ,usage and law with fundamental right and will adjudicate thereon .waiting

[FONT=Comic Sans MS][SIZE=3][COLOR=purple]I second the views of polaris.. He is safe under constitution so let him complete his tenure and take up the issue when he is out of his office. I have not seen such patience as it is in the present Govt. But, the disturbing elements of our country are always busy in destabalizing the country. shame on them. :huh[/COLOR][/SIZE][/FONT]

Although it is not good under the Islamic law that the president shall be immune from civil and criminal trials but our constitution is not fully Islamic in some places.
As most of our laws are English base or under the shadow of British law, same is the case with our constitution.In UK the CROWN is immune from all kinds of cases, as it is said; The king can do no wrong., same principles are incorporated in our constitution and the reason behind this principle is to give free hand to the president to do his work smoothly without any tension.
But unfortunately Pakistan's case is different, every one knew that the president was charged with different cases but then he became the president, why they made him president?
Immunity is all about the charges during his tenure/office. If some one is offender before coming to presidency He must face the music

our politicians will never erase this artcle 248 from constitution.as far as zardari is there because the day its gone zardari will be in jail.which at least this government doesn't want till 2013.they just want to push this motor of democracy till 2013 which is the time limit of their loot maar.

isla g................ we r viewing the matter from other prospective.one must take the cognizance article 8 and article 25 of the constitution and then read them with article 248 and decide.we want constitutional supremacy and rule of law. we r throwing light on paradox existing within constitution regarding discriminatory treatment.further if some one tries quote the example British monarch he must know that the king can do no wrong and there is a system of ministerial responsibility,as well, to provide shield from prosecution and liability.in case of pakistan,s president ,there is no such mechanism as ministerial responsibility so the president of pakistan must face the music.:8: