The bench on Friday adjourned further hearing of case to December 10 and asked the counsel to come up with arguments in relation to the relationship between sub-clauses 1, 2 and 3 of Article 248 of the Constitution. The bench posed a question whether the President could be taken to court's proceedings during his tenure in the office. The bench comprised Chief Justice Umar Ata Bandial, Justice Nasir Saeed Sheikh, Justice Sheikh Najamul Hassan, Justice Ijazul Ahsan and Justice Syed Mansoor Ali Shah. The bench also asked the petitioner's counsel to argue on a point whether courts could take action against the President after the end of his tenure.
Representing the petitioner, A. K. Dogar and Azhar Siddique sought to establish that the constitutional immunity enjoyed by the President and others was not only in conflict with many articles of the Constitution but also a violation of basic spirit of Islam. Citing judgements of Supreme Court, the counsel said if President committed any crime in personal capacity, he would be liable to be punished like an ordinary citizen.
Justice Mansoor Ali Shah asked the counsel whether President would be punished if he committed a murder the very next day after taking oath. Dogar said the committal of murder would be a personal act of the President and Constitution did not provide any protection to this effect. He said there was a difference in a crime committed by President and committed by Mr Zardari.
Chief Justice, however, observed that the act of murder was supposed to be intentional while any other illegal act could be unintentional. Challenging the Article 248 of the Constitution, Dogar stated the SC had already declared that the immunity granted to President and others was also against the independence of judiciary. Justice Mansoor remarked that the state functionaries were not answerable for their official acts but they were bound to obey court's orders. During the course of arguments, additional attorney general Abdul Hayee Gillani told the bench that immunity enjoyed by the President under Article 248(2) was also mentioned in the letter written to the Swiss government on the directions of the SC.