Debate on presidential pardon for Pakistan PM if convicted in contempt case
Friday, Feb 10,2012, 4:58:12 PM
The debate over whether the president can use the powers bequeathed to him under Article 45 of the constitution to pardon Prime Minister Syed Yusuf Raza Gillani if the latter is convicted in a contempt of court case heatedly ensued between legal experts behind the doors of governmental power.
Article 45 of the constitution reads: "The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority."
According to sources, legal experts in both the presidency and PM House were busy discussing different contingency measures in case the prime minister was convicted in the contempt of court case pending against him. Legal analysts delved into the dynamics of Article 45 that gives the president clout to pardon a convict.
However, sources revealed that another group of legal experts within the PPP [Pakistan Peoples Party] was heatedly debating whether Article 45 of the constitution relates to the power of the president or the function of the president. An alternative perspective questioned whether the PM could advise the president to invoke Article 45 of the constitution if he was convicted from the courts. "But the question was whether the convicted PM needed to advise the president to seek the pardon," said a constitutional expert from the PPP.
Another senior constitutional expert when approached said the issue was debatable since no such situation had arisen so far. "Both options are possible. One view is that the advice of the prime minister is needed for Article 45 of the constitution to be invoked, and the second view is that there is no need for the prime minister's advice in exercising the powers under Article 45 of the constitution."
The expert added that the situation would become clearer within the confines of the Supreme Court. When contacted, Barrister Omar Sajjad said Article 45 of the constitution talked about presidential powers while Clause 1 of Article 48 talked about the functions of the president. He said presidential power and presidential functions were two separate entities, and advice was needed for the president to use the powers bequeathed to him under the constitution.
A second senior leader of the PPP when approached on the issue of whether the convicted prime minister could advise the president to seek pardon said that the question was still a premature one as the case was ongoing in the Supreme Court.
You may also be interested in:
- Official says Pakistan focusing on regional trade
- Pakistan PM says "no alternative to democracy" for political stability
- Pakistan, Malaysia business council vow to increase bilateral trade, investment
- BlackBerry firm refuses to offer data over Pakistan memo case
- Pakistan paper says "unprovoked aggression" against Iran will destabilize world
The US has denied Wednesday [13 July] that it backed Lebanon's version of
About This Article
The operator of the crippled Fukushima Daiichi nuclear power plant said
A senior member of Tehrik-i-Taleban Pakistan's [TTP] intelligence group was
Three groups of countries which may react to the implementation of Iran's
- Most Read
- Most Discussed
- Most Emailed
- USA denies endorsing Lebanese version of maritime border with Israel
- PM says Pakistan "responsible" nuclear weapon state
- Russia's top court clears way for reopening high-profile Lukoil road crash case
- North Korean news agency delegation returns after US visit
- Nitrogen injected into crippled Japan reactor to reduce risk of hydrogen blasts
- China provides free health insurance to over 400,000 children
- Pakistan assured of continued US civilian assistance
- Russian businessman detained on charges of fraud over nuclear cruiser refit
- US must help Pakistan to ensure problems do not create issues for world
- Chinese premier urges stronger efforts to save energy, cut emissions