Presidential immunity: 'Parliament is the only forum to amend Constitution'

Even if the Council of Islamic Ideology (CII) suggests that presidential immunity under Article 248 of the Constitution is against Islam, its recommendation would have no effect since Parliament is the only forum empowered to amend the Constitution, said Dr Muhammad Khalid Masud, former chairman CII.
"All institutions established through the Constitution are bound to obey the Constitution," said Masud, adding that CII merely advises the legislature whether or not a certain law is repugnant to Islam, namely to the Quran and Sunnah. Talking to this scribe, the former Chairman did acknowledge the fact that the Ulema had always voiced a different opinion that Shariah (Quran and Sunnah) is supreme instead of the Constitution. Whereas, politicians believe that the Constitution is supreme.
When asked about the would be scenario if CII, headed by Maulana Muhammad Khan Sherani of JUI-F gives any such recommendation, he said that if any such crisis emerges the government can ask the Supreme Court for interpretation of the Constitution. The apex court can only interpret the Constitution but cannot bring any change in it. In this respect, the court referred back the recent decision on the petitions challenging 18th Constitutional Amendment to parliament.
On the other hand, the apex court since December last is requesting the government for revival of corruption cases against President Asif Ali Zardari through its judgement on National Reconciliation Ordinance (NRO), however the court decision could not be implemented due to presidential immunity. Dr Aslam Khaki, a renowned Islamic jurist said that the CII is merely a recommendatory body and its proposals had no legal consequences. "The CII cannot examine or interpret any Constitutional provision. It can merely give recommendations on laws," Dr Khaki added.
However, Khaki said that the recommendations of Shariat court were binding on the government. After this state of affairs, the Jamiat Ulema-e-Islam-Fazl (JUI-F) seems to be trapped in a cul-de-sac after quitting the government as National Accountability Bureau (NAB) has initiated an inquiry against its former housing minister and the party cannot retaliate through CII, as perceived in some quarters.
Following the departure of the JUI (F) from the coalition, the NAB formally announced the initiation of inquiry against JUI (F)'s former minister Rahmatullah Kakar in the case of purchase of 3,000 kanals of land in the suburbs of the capital for a government housing scheme.
The Council of Islamic Ideology was established as Advisory Council of Islamic Ideology on August 1, 1962 under the Article 199 of the Constitution of the Islamic Republic of Pakistan 1962, which provided for the constitution of the Council (Articles 199 - 203), its functions (Article 204), rules of procedure (Article 205), and the establishment of Islamic Research Institute (Article 207). [The Constitution of Pakistan 1962, Articles 199 - 207]
Advisory Council of Islamic Ideology was re-designated as Council of Islamic Ideology in the Article 228 of the 1973 Constitution with provisions for its composition (Article 228), Reference to the Council (Article 229), its functions (Article 230), and Rules of Procedure (Article 231). [The Constitution of Pakistan 1973, Articles 228 - 231).