Judicial responsibility and organs of state

By Markandey Katju

After my article about the constitutional misbehaviour of the Pakistan Supreme Court was published in The Hindu (June 21), I received several queries and objections regarding it. Hence an explanation is called for, which I am giving below:

The first objection is that the British Constitutional principle, “The King can do no wrong” applies to a monarchy, not a republic. My answer is that I am well aware that Pakistan, like India is a republic. However, in both these countries, total immunity from criminal prosecution is granted to the President. Thus, Section 248(2) of the Pakistan Constitution states: “No criminal proceedings whatsoever shall be instituted or continued against the President or Governor in any Court during his term of office.” Article 361(2) of the Indian Constitution is identically worded.

President Zardari has pardoned Indian prisoner Sarabjit Singh

Pak commutes death sentence of Sarabjit

Islamabad: In a major breakthrough in the Indo-Pakistan relations, President Asif Ali Zardari has pardoned Indian prisoner Sarabjit Singh, converting his death sentence to life imprisonment.

According to news reports Tuesday, the alleged Indian spy will be released from the jail in the country following the orders.

Reports further said that the Law Ministry of Pakistan had sent proposal for the release of Sarabjit to the Interior Ministry.

Sarabjit, an Indian national, was jailed in Pakistan for as long as 22 years after he was convicted of being a spy. The decision by the Pakistani President came after the prisoner sent his fifth mercy plea seeking clemency.

Reacting to the move by the neighbouring country, Indian External Affairs Minister S M Krishna thanked the Pakistan President for the gesture. …..

Read more » Saach

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Surjit not Sarabjit Singh, clarifies president’s spokesman

ISLAMABAD: The government in an unusual way late on Tuesday took a u-turn on release of Indian prisoner Sarabjit Singh, convicted of spying charges, said release orders were signed for “Surjit Singh” and not for “Sarabjit Sigh”, DawnNews reported.

Presidential Spokesman Senator Farhatullah Babar, in a statement given to an Indian media outlet, has clarified that the prisoner, whose death sentence was converted to life imprisonment, was actually “Surjit Singh” and not “Sarabjit Singh.”

“I think there is some confusion ….

Read more » DAWN.COM