Last update - 00:00 02/11/2006
High Court: President not immune from judicial process
By Yuval Yoaz, Haaretz Correspondent
The High Court of Justice on Thursday decided that it was under its jurisdiction to continue examination of a petition calling for the immediate resignation of President Moshe Katsav over a litany of allegations, including two counts of rape.
Katsav told the court earlier this week that it had no authority to force him to step down, as requested in a petition submitted by attorney Josef Fuchs, arguing that the president enjoys immunity from any legal proceeding.
In denying Katsav's rebuke, the court issued a significant ruling rejecting the president's claim that he is entitled to judicial immunity.
Judge David Cheshin ruled that Fuchs petition would be evaluated by a panel of three judges, who would present their ruling by the end of the month.
In response to Fuchs' petition, Katsav had told the court that the Basic Law on the President gave him immunity from all judicial process, including the High Court. "Therefore the president should be erased as a respondent and there is no place for an order requiring him to do anything with regard to his position and his authority, not to mention his very term in office as president."
His response came after Attorney General Menachem Mazuz, who has called on the Katsav to resign as soon as an indictment is presented, argued that the the High Court could not instruct the president how to conduct himself.