An anti-terrorism court (ATC) Thursday granted immunity to President Dr Arif Alvi and adjourned cases against him pertaining to attacks on parliament and the Pakistan Television (PTV) during the 2014 sit-in in the federal capital.
ATC judge Kausar Abbas Zaidi granted protection to the president under Article 248 (2) of the constitution and adjourned the cases sine die with no appointed date for resumption. In the order, the judge stated that Dr Alvi is entitled to immunity because he has been elected and taken oath as the president of Pakistan.
Since, the judge stated, the law of the land gives protection to president from criminal proceedings, therefore proceedings against Dr Alvi are adjourned sine die and court will resume proceedings against him after expiry of his term in office.
Interestingly, Muhammad Ali Bukhari, counsel for the president, said he was not aware of any such order because he didn’t seek any such relief from the court. He said the next date of hearing of the case was October 1 and if the court had passed any such order on the previous date of hearing, it was not in his knowledge. “I have been instructed by the presidency to file an acquittal appeal on the next date of hearing,” he said, adding that he would file acquittal appeal on October 1. Nonetheless, he said, law provides protection to the president.
Meanwhile, President Arif Alvi tweeted that he did not want or ask for immunity in the case. “I did not want or ask for immunity. However, the honourable judge is bound by Article 248(2) which does not give him any choice as it states ‘No criminal proceedings whatsoever shall be instituted or continued against the president or a governor in any court during his term of office’,” he tweeted.
The case was registered against President Alvi under different sections of the Anti-Terrorism Act (ATA) and the Pakistan Penal Code (PPC) for allegedly inciting violence during the 2014 sit-in in the federal capital.
Published in Daily Times, September 28th 2018.
