h1

Article: 248 Protection to President, Governor, Minister, etc

248. Protection to President, Governor, Minister, etc.-(1) The President, a Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a Provincial Minister shall not be answerable to any Court for the exercise of powers and performance of functions of their respective offices or for any act done or purported to be done in the exercise of those powers and performance of those functions:

Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Federations or a Province.

(2) No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any Court during his term of office.

(3) No process for the arrest or imprisonment of the President or a Governor shall issue from any Court during his term of office.

(4) No civil proceedings in which relief is claimed against the President or a Governor shall be instituted during his term of office in respect of any thing done or not done by him in his personal capacity whether before or after he enters upon his office unless, at least sixty days before the proceedings are instituted, notice in writing has been delivered to him, or sent to him in the manner prescribed by law, stating the nature of the proceedings, the cause of action, the name, description and place of residence of the party by whom the proceedings are to be instituted and the relief which the party claims.

_________________________________________________________________________________

Footnotes:


Comparative Table of Article 248 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
116
Constitution of Pakistan 1956 :
213
Constitution of India 1950:
361
Government of India Act 1935:
306

_________________________________________________________________________________

Leading & Latest Cases on Article 248 of the Constitution of Pakistan, 1973:

AFTAB AHMAD KHAN SHERPAO

SARDAR FAROOQ AHMAD KHAN LEGHARI

SYED MASROOR AHSAN AND OTHERS

AEDESHIR COW ASJEE AND OTHERS

P L D 2004 LAHORE 38 SHAH MUQEEM PRESS CLUB CHIEF MINISTER AND OTHERS
LT. GENERAL (RETD) JAMSHAID GULZAR, CHAIRMAN, FPSC FEDERATION OF PAKISTAN THROUGH SECRETARY ESTABLISHMENT

3 comments

  1. THE ABOVE LAW IS FAIRLY UN-ACCEPTABLE BECAUSE EVERY CITIZEN OF THE COUNTRY INCLUDING PRESIDENT, PRIME MINISTER,GOVERNOR, OR AN ANY MINISTER CAN NOT BE DUBBED ABOVE THE LAW THEY MUST BE QUESTIONED AT ANY TIME DURING THEIR SERVICE SO THAT CAN NOT INDULGE IN MISUSE OF POWER AND IN CORRUPTION. A SWORD OF CHECK AND BALANCE MUST BE HANGED ALL THE TIME ON THEM TO DO THE BEST FOR THE PEOPLE OF PAKISTAN, OTHERWISE WITHOUT ANY FEAR THEY WILL LOOT THE PUBLIC MONEY AND ABSCOND.?????


  2. […] Article 248(1) of the Constitution says: “The President, a Governor, the Prime Minister, a Federal Minister, a Minister of State, a Chief Minister, and a Provincial Minister shall not be answerable to any court for the exercise of powers and performance of functions of their respective offices or for any act done or purported to be done, in the performance of those functions”. […]


  3. plz read



Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: