THE 27th Constitutional Amendment has become debatable among different circles and has divided society into pro- and anti-amendment camps according to their respective understanding and interpretation.

This amendment mainly revolves around the Pakistan Military and Judiciary. In the former case, the anti-amendment camp began to target Field Marshal General Asim Munir personally; in the latter case, it expressed reservations about the curtailment of the powers of the apex court of Pakistan.

First, the concept of immunity needs to be understood along with its dimensions. Immunity is an internationally recogniszed concept. Under the Vienna Convention on Diplomatic Relations 1961, foreign heads of state and diplomats are immune from civil and criminal processes of foreign countries. E. J. Kionka states: “Immunity is a defence to tort liability which is conferred upon an entire group or class of persons or entities under circumstances where considerations of public policy are thought to require special protection for the persons, activity or entity in question at the expense of those injured by its tortious act. Historically, tort litigations against units of government, public officers and charities, and between spouses, parents and children, have been limited or prohibited on this basis.” (Ref. E. J. Kionka: Torts in a Nutshell, 341 (2nd ed. 1992), cited in Black’s Law Dictionary, 8th edition.)

Immunity may be........

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