Article 248(2) states:
No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office.
There are two cases now:
1. NRO case
2. Contempt case
NRO has been declared unconstitutional. Consequently all the cases are now revived as before the ordinance.
Writing letter to the Swiss authorities is one of the consequence but the case is against a person who happens to be the President of Pakistan.
According to the Article 248(2) of the ........ Pakistan, it's clear-cut that even continuation of a case is not possible and gives immunity to the President.
But then why is apex court insisting govt. to write the letter ?
It's because despite the court asking the govt. to plead for immunity (immunity must be pleaded before it is given) , govt. didn't do it .. uptill now
The contempt case is actually an extension to the above, PM is responsible to write to the authorities but he didn't. Contempt was issued and Article 248(2) is his only defence.
So, I believe, according to the constitution of the .... Pakistan .. Immunity banti hey and writing letter in order to start/renew/continue a case against the President would itself violate the constitution.
Yes, the President of Pakistan enjoy immunity under the Article 248(2) of the constitution of the Islamic Republic of Pakistan in the context of NRO case.