ISLAMABAD: The 18th National Speakers’ Conference discussed the legislative proposal to amend Article 248 of the Constitution for providing constitutional immunity from criminal proceedings against chairman Senate, national and provincial speakers such as president and governors.
The proposal of constitutional immunity was floated by Khyber Pakhtunkhwa Assembly Speaker Babar Saleem Swati in the second meeting of the National Speakers’ Conference on Friday at the Committee Room 02 of the Parliament.
The Khyber Pakhtunkhwa speaker said, “If the lawmakers cannot protect themselves then how they can protect the public. A speaker holds office till a successor comes and I think constitutional immunity is very necessary for speakers. I think it is requirement to provide protection to the constitutional posts and we don’t want a person of any institution to disrespect a speaker. We have to impose checks and barriers in this regard.”
Senate Chairman Yousaf Raza Gillani said, “there is immunity for the President in the law and constitution and we, both (the President and the PM), have taken oath to protect the Constitution. As prime minister in the past and I protected the Constitution and did not write a letter but I was disqualified. Today, there is also a Toshakhana case against the president but the proceedings cannot be initiated against him due to immunity.”
He said that in the absence of the President, the Chairman Senate plays the role of the president and in the absence of both, the Speaker plays the role of the president and similarly, the speaker provincial assembly as the role of the governor in the absence of the governor.
Muhammad Mushtaq, Advisor (Legislation, Parliamentary Proceedings, and Training), National Assembly said, “as such stated by the Senate chairman that the president has constitutional immunity, we should recommend in our declaration that amendment should be made in Article-248 that criminal proceedings shall not be initiated against the chairman Senate, national and provincial assemblies’ speakers. There is immunity for the President and Governor in this article then why not speakers. You can recommend amending Article 248(2) of the Constitution.”
According to Article-248(2) of the Constitution, “No criminal proceedings whatsoever shall be instituted or continued against the president or a governor in any court during his term of office.”
Responding on this issue, National Assembly Speaker Sardar Ayaz Sadiq said, “You all know that Yousaf Raza Gillani remained in jail for nine years on a political-motivated case. But no punishment was given to him in an identical case. Can we pass a resolution against those persons who wasted nine years of Gillani and such other politicians? We should set an example. We should put this issue in the agenda of the next meeting. Can we hold them accountable? You make laws. Executive, judiciary, institutions and other departments under the law we make but we are arrested.”
The speaker said that the post of the governor is ceremonial while the posts of the speakers and chairman Senate are not ceremonial. We have to play the role of diplomacy and mediation. “We should thoroughly discuss it in the next meeting and prepare a comprehensive draft of legislation,” he said.
Punjab Assembly Speaker Malik Ahmad Khan seconded the proposal of Muhammad Mushtaq and said that we have to legislate to stop political victimisation. There are examples of Gillani and Sindh Assembly Speaker Agha Siraj Durrani. There should be constitutional immunity for chairman Senate, national and provincial speakers just as the president and the governors.
Copyright Business Recorder, 2024
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