Wednesday, May 08, 2024
05:11 PM (GMT +5)

Go Back   CSS Forums > General > Discussion

Discussion Discuss current affairs and issues helpful in CSS only.

Reply Share Thread: Submit Thread to Facebook Facebook     Submit Thread to Twitter Twitter     Submit Thread to Google+ Google+    
 
LinkBack Thread Tools Search this Thread
  #1  
Old Thursday, September 30, 2010
Izaz4u's Avatar
39th CTP (OMG)
CSP Medal: Awarded to those Members of the forum who are serving CSP Officers - Issue reason: CE 2010 - Merit 137
 
Join Date: Aug 2009
Location: kpk
Posts: 60
Thanks: 194
Thanked 90 Times in 56 Posts
Izaz4u is on a distinguished road
Exclamation 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
Reply With Quote
  #2  
Old Thursday, September 30, 2010
Invincible's Avatar
Senior Member
Medal of Appreciation: Awarded to appreciate member's contribution on forum. (Academic and professional achievements do not make you eligible for this medal) - Issue reason:
 
Join Date: Oct 2006
Location: Karachi.
Posts: 1,628
Thanks: 1,011
Thanked 1,572 Times in 792 Posts
Invincible has much to be proud ofInvincible has much to be proud ofInvincible has much to be proud ofInvincible has much to be proud ofInvincible has much to be proud ofInvincible has much to be proud ofInvincible has much to be proud ofInvincible has much to be proud of
Default

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.
__________________
When you try, you risk failure. When you don’t try, you ensure it.
Reply With Quote
  #3  
Old Thursday, September 30, 2010
Ali Ahmad Syed's Avatar
Senior Member
 
Join Date: Aug 2010
Location: In The Blessings of God
Posts: 751
Thanks: 360
Thanked 1,074 Times in 471 Posts
Ali Ahmad Syed is a splendid one to beholdAli Ahmad Syed is a splendid one to beholdAli Ahmad Syed is a splendid one to beholdAli Ahmad Syed is a splendid one to beholdAli Ahmad Syed is a splendid one to beholdAli Ahmad Syed is a splendid one to beholdAli Ahmad Syed is a splendid one to behold
Default

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.
__________________
“There is no God but You (Allah Almighty), You are far exalted and above all weaknesses, and I was indeed the wrongdoer”. AL-QURAN
Reply With Quote
  #4  
Old Thursday, September 30, 2010
Izaz4u's Avatar
39th CTP (OMG)
CSP Medal: Awarded to those Members of the forum who are serving CSP Officers - Issue reason: CE 2010 - Merit 137
 
Join Date: Aug 2009
Location: kpk
Posts: 60
Thanks: 194
Thanked 90 Times in 56 Posts
Izaz4u is on a distinguished road
Default

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.
Reply With Quote
  #5  
Old Thursday, September 30, 2010
Senior Member
 
Join Date: Nov 2009
Posts: 221
Thanks: 182
Thanked 144 Times in 101 Posts
polaris will become famous soon enoughpolaris will become famous soon enough
Default

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

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..?
Reply With Quote
The Following User Says Thank You to polaris For This Useful Post:
unsolved_Mystery (Thursday, September 30, 2010)
  #6  
Old Thursday, September 30, 2010
Izaz4u's Avatar
39th CTP (OMG)
CSP Medal: Awarded to those Members of the forum who are serving CSP Officers - Issue reason: CE 2010 - Merit 137
 
Join Date: Aug 2009
Location: kpk
Posts: 60
Thanks: 194
Thanked 90 Times in 56 Posts
Izaz4u is on a distinguished road
Default

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 consonance of any custom ,usage and law with fundamental right and will adjudicate thereon .waiting
Reply With Quote
  #7  
Old Thursday, September 30, 2010
unsolved_Mystery's Avatar
Senior Member
 
Join Date: Mar 2009
Location: Bahawalpur
Posts: 1,150
Thanks: 2,659
Thanked 1,356 Times in 719 Posts
unsolved_Mystery is a splendid one to beholdunsolved_Mystery is a splendid one to beholdunsolved_Mystery is a splendid one to beholdunsolved_Mystery is a splendid one to beholdunsolved_Mystery is a splendid one to beholdunsolved_Mystery is a splendid one to behold
Default

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.
__________________
There is a crack in everything. That's how the light gets in.
Reply With Quote
The Following User Says Thank You to unsolved_Mystery For This Useful Post:
polaris (Friday, October 01, 2010)
  #8  
Old Thursday, September 30, 2010
Islaw Khan's Avatar
Senior Member
Qualifier: Awarded to those Members who cleared css written examination - Issue reason: CSS-2008, Roll no. 5170, CSS-2012 Roll no. 11105PMS / PCS Award: Serving PMS / PCS (BS 17) officers are eligible only. - Issue reason: PCS - 2008 / TehsildarMedal of Appreciation: Awarded to appreciate member's contribution on forum. (Academic and professional achievements do not make you eligible for this medal) - Issue reason:
 
Join Date: Jun 2008
Posts: 1,066
Thanks: 928
Thanked 1,758 Times in 791 Posts
Islaw Khan has much to be proud ofIslaw Khan has much to be proud ofIslaw Khan has much to be proud ofIslaw Khan has much to be proud ofIslaw Khan has much to be proud ofIslaw Khan has much to be proud ofIslaw Khan has much to be proud ofIslaw Khan has much to be proud ofIslaw Khan has much to be proud of
Default

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
__________________
Life is a tale told by an idiot...
Reply With Quote
  #9  
Old Thursday, September 30, 2010
Gulrukh's Avatar
Senior Member
 
Join Date: Jun 2010
Location: Dystopia
Posts: 631
Thanks: 644
Thanked 419 Times in 286 Posts
Gulrukh is just really niceGulrukh is just really niceGulrukh is just really niceGulrukh is just really niceGulrukh is just really nice
Post

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.
Reply With Quote
  #10  
Old Thursday, September 30, 2010
Izaz4u's Avatar
39th CTP (OMG)
CSP Medal: Awarded to those Members of the forum who are serving CSP Officers - Issue reason: CE 2010 - Merit 137
 
Join Date: Aug 2009
Location: kpk
Posts: 60
Thanks: 194
Thanked 90 Times in 56 Posts
Izaz4u is on a distinguished road
Default

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.
Reply With Quote
Reply


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
The failure of Pakistan to develop a political system, Miss_Naqvi Pakistan Affairs 7 Tuesday, October 20, 2020 07:42 PM
Dawn: Encounter AFRMS News & Articles 345 Monday, April 11, 2011 11:00 AM
President enjoys no immunity, SC decided in 2007 BY ansar abbasi niazikhan2 News & Articles 0 Saturday, January 30, 2010 10:13 AM
Parliamentary Vs Presidential System floydian Political Science 0 Tuesday, September 08, 2009 08:15 PM


CSS Forum on Facebook Follow CSS Forum on Twitter

Disclaimer: All messages made available as part of this discussion group (including any bulletin boards and chat rooms) and any opinions, advice, statements or other information contained in any messages posted or transmitted by any third party are the responsibility of the author of that message and not of CSSForum.com.pk (unless CSSForum.com.pk is specifically identified as the author of the message). The fact that a particular message is posted on or transmitted using this web site does not mean that CSSForum has endorsed that message in any way or verified the accuracy, completeness or usefulness of any message. We encourage visitors to the forum to report any objectionable message in site feedback. This forum is not monitored 24/7.

Sponsors: ArgusVision   vBulletin, Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.