ISLAMABAD: An anti-terrorism court has granted President Arif Alvi constitutional immunity in a 2014 case for stirring violence during his party’s sit-in in the federal capital.
The president has been given the immunity under Article-248 of the Constitution.
“An accused person facing trial namely Dr Arif Alvi has already been elected and has taken oath of the office of President of Islamic Republic of Pakistan. Keeping in view the above fact in light of Article 248 of the Constitution of Islamic Republic of Pakistan, 1973, protection has been provided to the President and as per Article 248 (2) of the Constitution, no criminal proceeding whatsoever shall be instituted or continued against the President or a Governor in any court during term of office,” ATC Judge Syed Kausar Abbasi Zaidi wrote in an order.
Earlier this month, President Arif Alvi had said that he didn’t intend to apply for immunity, ‘but will consult the lawyers’.
Mr. Alvi and other PTI leaders had a case registered against them related to attacks on Pakistan Television and Parliament House under the Anti-Terrorism Act (ATA) during the 2014 sit-in.
Prosecution informed the court that three people were killed and 26 injured, while 60 were arrested during the protest. The prosecution said the protest was not peaceful and the PTI leaders sought bail after three years.
Pakistan Tehreek-i-Insaf’s lawyer Ali Bukhari had also appeared before the anti-terrorism court (ATC) on Sep 5 in the court. He later told media that Dr Alvi had been elected president, hence he enjoyed constitutional immunity and could not be tried in criminal cases.
What is Article-248?
Protection to President, Governor, Minister, etc.
(l) The President, a Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a Provincial Minister shall not be answerable to any court for the exercise of powers and performance of functions of their respective offices or for any act done or purported to be done in the exercise of those powers and performance of those functions:
Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Federation or a Province.
(2) No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office.
(3) No process for the arrest or imprisonment of the President or a Governor shall issue from any court during his term of office.
4) No civil proceedings in which relief is claimed against the President or a Governor shall be instituted during his term of office in respect of any thing done or not done by him in his personal capacity whether before or after he enters upon his office unless, at least sixty days before the proceedings are instituted, notice in writing has been delivered to him, or sent to him in the manner prescribed by law, stating the nature of the proceedings, the cause of action, the name, description and place of residence of the party by whom the proceedings are to be instituted and the relief which the party claims.
