ISLAMABAD - President of Pakistan and the Governors of all provinces have immunity under Article 248 and there was no need of its interpretation, said President Supreme Court Bar Association Yasin Azad.
The President SCBA, while talking to journalists at the Supreme Court building here on Wednesday, said that the language of Article 248 is very clear and there was no need for further explanation.
Article 248 (2) says: ‘No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office’, he said.
He reiterated that the government should implement the apex court judgments.
He appreciated the Prime Minister’s decision to appear before the bench, which had issued him contempt of court notice for not writing letter to the Swiss authorities.
Yasin Azad said under Article 190 every institution is bound to implement the Supreme Court orders ,therefore, the government should obey and write letter to Swiss authorities, as there was no harm in it.
He said that neither in the country nor in the political parties there was complete democracy,adding, however the bar, like in the past, is against dictatorship.
Condemning the clash among the institutions, he said the tension among the institutions was not good, adding, it could be reduced if all the institutions work within their domain as enunciated in the Constitution.
The judiciary, bar, Parliament and other institutions should work independently, he said.
He said it was a matter of great concern that killers of Nasrullah Warraich could not be arrested so far.
He expressed annoyance over changing investigation officer Imtiaz Ballie DSP Gulshan-e-Ravi, Lahore, saying the violence against the lawyer community is increasing day-by-day.
He asked the Punjab provincial government to arrest the killer of Nasrullah Warraich.
Regarding Chief of Army Staff General Ashfaq Pervez Kiyani and Director General ISI Ahmed Shuja Pasha replies in memo scam, he said that the manner in which the COAS and DG ISI filed replies was not appropriate.
This has created an impression that Armed Forces and executive are against each other, he said. He said the Supreme Court under its Rules 1980 has the power to suspend licence of the apex court lawyers, but said that for final decision it should be sent to Pakistan Bar Council.
He dissociated himself from the statement of Ali Ahmed Kurd, ex-President SCBA, that there should be no contempt of court, saying it was Kurd’s personal opinion and he would not comment on it.  He said the court has suspended and not cancelled the licence of former Federal Minister Dr Babar Awan.