ISLAMABAD Khalid Khawaja, former official of Inter Services Intelligence (ISI), on Saturday challenged Article 248 of the Constitution in the Supreme Court (SC), which gives immunity to sitting President of the state. The petitioner filed the petition under Article 184 (3) of the Constitution, seeking the constitutional presidential immunity against legal proceedings as un-Islamic and unconstitutional. Mr Khawaja filed the petition after the SC verdict that nullified an earlier legal amnesty given to politicians against pending criminal and corruption cases. He maintained that Article 248 is in clash with the basic human rights and Islamic principles. Khalid argues in his petition that the presidential immunity is discriminatory as every citizen is equal before the law. His petition is yet to be formally entertained by the office of the SC, which normally avoids entertaining petition against provision of the Constitution. 1973s Constitution of Pakistan through Article 248 provides protection to certain dignitaries such as President, Governor, Prime Minister, Federal Minister, Minister of State, Chief Minister and a Provincial Minister, which is in direct contravention of the Article 227, Article 2-A and Article 25 of the 1973 Constitution as well as against the principles of Islam, Holy Quran and Sunnah, the petition argued in his petition. Khalid stated in the plea that the entire Article 248 of the Constitution is ultra vires to the Constitution and also against the norms of Islam, which are based upon equality, dignity and respect for humankind. That equal protection of law clause under Article 25 has such a connotation that the citizens of some particular class or women who are less privileged may be differentiated in treatment from other persons or things that are grouped together from those who have been left out. The classification under the Article 248 that the President and Governor are above law and as envisaged in clause 2 of Article 248, that no criminal proceedings whatsoever shall be instituted or continued against the President or the Governor in any court during term of office, he pleaded. Article 248 has always provided this protection to our rulers due to which our homeland has been degraded in the eyes of the whole world. If the President or the Governor by doing wrongful criminal act which tantamount to a criminal act against some citizen or a person as the case may be, in violation of their fundamental rights, they shall have immunity, clause (4) of Article 248 is also ultra vires on the same grounds. Entire nation is divided on this issue and many sections of the nation are agitating including members of the Parliament that this protection should not be available to the dignitaries in Pakistan, which is an Islamic Republic, he justified. He said that it is the need of the time that instead of agitations and strikes, this issue of Protection to the President and others should be resolved by this August Court by declaring that Article 248 is not only in-contravention to Article 227 of the Constitution, Article 25 and Article 2-A but also ultra vires to the constitution and its principles enunciated by this August court from time to time.