Toshakhana case: Criminal proceedings against President Zardari suspended

ISLAMABAD: The Accountability Court, Islamabad halted criminal proceedings against President Asif Zardari in the Toshakhana case citing constitutional immunity provided in article 248 of the constitution on Tuesday.

Asif Zardari’s legal counsel filed an application invoking the president’s constitutional immunity. The Accountability Court judge ruled that the Toshakhana case cannot proceed as long as Asif Zardari holds the office of President of Pakistan.

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Article 248(2) of the constitution stipulates that “no criminal proceedings whatsoever shall be instituted or pursued against the president or a governor during his term of office,” while article 248(3) prohibits the issuance of any process for arrest or imprisonment of the president or a governor during his term of office.

Previously, Zardari claimed immunity as president under article 248 to pause the ongoing legal proceedings against him in a case involving counterfeit bank accounts. The president’s legal counsel filed two petitions citing article 248(2).

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The petition filed by Zardari’s lawyer stated that as per article 248(2), no criminal proceedings could be initiated or continued against the president in any court while in office. The petitions requested an immediate suspension of legal proceedings against Zardari during his presidency.

Additionally, a separate plea was submitted on behalf of Zardari’s sister, Faryal Talpur, asking for a one-day exemption from court appearance due to her involvement in the ongoing National Assembly session. The court granted Talpur’s exemption and adjourned the hearing until May 29.