ISLAMABAD: Three important articles of the Constitution kept echoing in the Supreme Court proceedings against Prime Minister Nawaz Sharif and his children on account of offshore companies and London apartments.
One of these provisions, Article 66 deals with privileges of the members of Parliament (MPs), etc., the second, 19, relates to freedom of speech, etc., and the third talks about protection (immunity or exemption) to President, Governor, Minister, etc.
The recurrent reference to these provisions was made as the premier’s lawyer, Makhdoom Ali Khan, continued his arguments to knock out the case against his client.
The Pakistan Tehreek-e-Insaf (PTI) has built up its case mainly focusing on what it claimed ‘contradictions’ and ‘lies’ in the prime minister’s speeches. The Makhdoom is heavily relying on the case law to prove his side of the story true.
However, it is clear, contrary to the PTI’s emphasis, from what the lawyer asserted that he did not seek immunity for the prime minister from proceedings under Article 248. This exemption is limited to not being answerable to any court for the exercise of powers and performance of functions of his office or for any act done or purported to be done in the exercise of those powers and performance of those functions.
What was initially splashed by TV channels (the Makhdoom has invoked immunity clause) as the hearing was in progress was false and misleading. It later transpired that the Makhdoom did not do so.
However, he did stress in his submissions that under Article 66, there can be no proceedings in any court of law on the parliamentary speech of the prime minister or any other MP.
This article “privileges of members, etc.,” says subject to the Constitution and to the rules of procedure of Parliament, there shall be freedom of speech in Parliament and no member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament, and no person shall be so liable in respect of the publication by or under the authority of Parliament of any report, paper, votes or proceedings. In other respects, the powers, immunities and privileges of Parliament, and the immunities and privileges of the members of Parliament, shall be such as may from time to time be defined by law and, until so defined, shall be such as were, immediately before the commencing day, enjoyed by the National Assembly and the committees and its members.
Provision may be made by law for the punishment, by a House, of persons who refuse to give evidence or produce documents before a committee when duly required by its chairman so to do: Provided that any such law may empower a court to punish a person who refuses to give evidence or produce documents; and shall have effect subject to such order for safeguarding confidential matters from disclosure as may be made by the President. This article shall apply to persons who have the right to speak and otherwise to take part in the parliamentary proceedings as they apply to members.
Under Article 19 “freedom of speech, etc.,” every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence.
According to Article 248 “protection to President, Governor, Minister, etc.”, 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. No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office. No process for the arrest or imprisonment of the President or a Governor shall issue from any court during his term of office. 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 anything 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.
