Has Aitzaz been caught in his own trap?

ISLAMABAD: How would Barrister Aitzaz Ahsan respond if, like in 2007, he is again asked by the Supreme Court bench, hearing Prime Minister Gilani’s contempt case, the same old question: how would he see Presidential immunity under Article 248 of the Constitution when read with Article 2A, which makes the Objectives Resolution a substantive part of the Constitution?

Apparently failing to recollect, Aitzaz denied in a recent talk show that he had ever referred to the great example of Hazrat Umar (RA) while questioning the immunity of General Musharraf. The largest Urdu daily on May 30, 2007, clearly quotes him telling the Supreme Court that if the second Caliph of Islam could be questioned about his dress (Abaa) then why could not (the then) President Musharraf be impleaded in Chief Justice Iftikhar Muhammad Chaudhry’s suspension case.

A renowned English daily on May 30, 2007, while reporting the argument of Aitzaz Ahsan in the same case before the Supreme Court a day earlier (May 29th 2007) said, “Justice (Nawaz) Abbasi asked what was the impact of Article 2-A, explain it in the context of Article 248 of the Constitution.”

Aitzaz replied: “I don’t have mastery over Islamic law and am always scared while quoting it. Justice Ramday remarked, ‘Don’t be afraid, do it and see.’ Later, he (Ramday) recited the verse of the Holy Quran and translated it. Aitzaz said that according to Article 2-A of the Constitution, the president was not above the law.”

The test for the smart Barrister today is how would he justify before the apex court immunity under the same Article 248 in the case of President Asif Ali Zardari as Article 2-A continues to be an important part of the Constitution. Justice Ramday, in his forthcoming interview to Geo, confirmed that Aitzaz argued against the then President Musharraf’s immunity though he said that writing to the Swiss authorities is a civil matter and has nothing to do with presidential immunity.

Aitzaz, who has been saying that the government would have to write to the Swiss authorities, today argues that the letter could not be written because of Article 248. He also says today that there is no ambiguity in the immunity that is required to President Asif Ali Zardari, who is also the co-chairman of the party the Barrister belongs to.

Although Aitzaz Ahsan in 2007 said that he did not want to refer to the Islamic provisions of the Constitution, the fact remains that the Zulfikar Ali Bhutto-led framers of the 1973 Constitution had given this country an Islamic Constitution. There is also no denying the fact that the present parliament through the Senator Raza Rabbani-led constitutional committee, which was made for the 18th amendment, had given in writing to the Supreme Court that parliament too believes in the five basic features of the Constitution, including the Islamic provisions and the independence of judiciary. These features of the Constitution could not be softened or removed.

Article 2A says that the principles and provisions set out in the Objectives Resolution reproduced in the Annex are hereby made substantive part of the Constitution and shall have effect accordingly.

The Objectives Resolution reads “Whereas sovereignty over the entire universe belongs to Allah Almighty alone, and the authority which He has delegated to the State of Pakistan, through its people for being exercised within the limits prescribed by Him is a sacred trust;

“This Constituent Assembly representing the people of Pakistan resolves to frame a Constitution for the sovereign independent State of Pakistan; Wherein the State shall exercise its powers and authority through the chosen representatives of the people; Wherein the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed; Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and the Sunnah;

“Wherein adequate provision shall be made for the minorities to [1][freely] profess and practice their religions and develop their cultures; Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed;

“Wherein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality; Wherein adequate provisions shall be made to safeguard the legitimate interests of minorities and backward and depressed classes; Wherein the independence of the judiciary shall be fully secured; Wherein the integrity of the territories of the Federation, its independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded; So that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity.