Immunity
From the Blog PkColumnist.com: Immunity - Recently, Italy's apex court struck down a key pillar of a law that gave the Italian prime minister temporary immunity from prosecution for corruption and fraud charges and the judges could order him to stand trial. The judges' ruling was hailed as "a triumph" for the constitutional principle of equality. Berlusconi is a defendant in three trials in the northern city of Milan where he faces charges of corruption, tax fraud and embezzlement. But the trials had been suspended because of the "legitimate impediment" law, which was passed last year by Berlusconi's conservatives in parliament and immediately drew accusations that it was tailor-made for the premier. The Constitutional Court's panel of 15 judges ruled that Prime Minister Silvio Berlusconi and his cabinet could not automatically claim exemption from attendance of trials in progress against them owing to their official duties. The judges were asked to decide whether the so-called "legitimate impediment" law passed last year was compatible with the principle enshrined in the Italian constitution that all citizens are equal before the law. In its ruling, the court said each trial judge could assess what could legitimately prevent the premier or other ministers from attending trials and it would be up to individual trial judges to decide on a case-by-case basis whether ministers would have to face charges. For too long, our leaders without any beliefs and convictions, with only personal gains in mind, have led Pakistan to the path of destruction. It has become a normal practice for those in the echelons of power to make hay while the sun shines. For them coming to power means "license" to make the most within a limited time. It's like there is a "loot sale" on and everything is available at "cut price" and one is not subject to being called "to account" because one enjoys immunity and has the power to exonerate others for their misdeeds too. The dilemma is that while Pakistan has enough for everyone's needs it unfortunately doesn't have enough for their greed. We are a country that has been ravished by its own. Perhaps, it's time to quash the immunity law in Pakistan that protects the head of state from prosecution until he leaves office, for this law is the mother of all evils, as it gives carte blanche to "executive abuse of power", unrestrained corruption and cronyism, misuse of government resources and premeditated crime and lawlessness. It's tantamount to one person holding the entire country hostage and running it in an opportunistic, deceptive, uncontrolled and unregulated manner. In Pakistan, our Supreme Court has all the jurisdiction of a constitutional court and it can exercise the same powers as the constitutional courts in Europe and Turkey. To uphold the constitutional principle of equality supreme; to restore accountability to our political system; to confront the crimes of the government; to preserve the presidency (as it represents the federation, not a single party); to address executive chaos; to drill some sense of responsibility in the corridors of power; for supremacy of rule of law. And above all for democracy to come alive, the judiciary should follow the precedent set by Italy's apex court. Such a step would instil "hope and confidence" in the people and "implant fear" in the hearts of the rulers. It's time to put our life on the line, for the higher aspiration of saving our country; we don't enjoy the luxury of time. . Read Full Post
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