The recent unearthing of a major corruption scam involving embattled Pakistani president Asif Ali Zardari can eventually leave him with two options: either to step down as director of Park Lane Estates (Pvt.) Ltd. or resign from his position as head of state. Holding both positions simultaneously is a violation of Pakistan’s 1973 Constitution.
Zardari, and his son Bilawal Bhutto have recently purchased 307 acres of prime land in Islamabad worth over Rs2 bn for a mere Rs62 mn. The land was purchased in March 2009 by the private company owned by Zardari and Bilawal.
The scam has kicked up a debate in the country, with its legal and constitutional experts saying that the president has violated the 1973 Constitution by serving as director of a private company. They maintain that the only way to rectify this violation was his removal from the coveted slot.
However, Pakistan’s former law minister and eminent lawyer SM Zafar said that if the president was holding the office of director of a company, then the second half of Article 43(1) of the Constitution applies, which deems it misconduct, only rectifiable by the president’s impeachment.
As per former judge of the Supreme Court, retired Justice Wajhiuddin Ahmad, if the president continuously violates the Constitution and if he cannot be impeached for practical reasons, then the Supreme Court could take notice of the issue under Article 184(3) of the 1973 Constitution and declare that the incumbent had forfeited office.
