THE SUPREME COURT VERDICT ON THE PROCLAMATION OF EMERGENCY
Present : Justice Iftikhar Muhammad Chaudhary, C.J., Justice Rana Bhagwan Das,
Justice Javed Iqbal, Justice Mian Shakir Ullah Jan,
Justice Nasir ul Mulk, Justice Raja Fayyaz Ahmed and
Justice Ghulam Rabbani.
This application was filed in the Court November 2nd 2007 praying for respondent Government may change composition of bench by adopting extra-constitutional measures which could mean either placing martial law or PCO or by imposing emergency. Application could not be taken up as it was not numbered. However, now it has been marked to the bench. In the meantime, the electronic and print media news appeared that the PCO is promulgated to enable government to administer fresh oath to the Chief Justice as well as the Judges of the Supreme Court so that favourable Judges could be appointed. It seems that the Government has no ground/reason to take extra-constitutional steps, particularly for the reasons being published in the newspaper that high profile cases are pending and is not likely to be decided in favour of government. Therefore, special bench has been constituted and on considering passing situation in news which have published in newspapers we direct as follows :
1. Government of Pakistan that is the President and the Prime Minister of Pakistan are restrained from undertaking any such action which is contrary to independence of judiciary.
2. No judge of the Supreme Court or the High Courts including the Chief Justices shall take oath under PCO or any other extra-constitutional steps.
Chief of Army Staff, Corps Commanders, Staff Officers and all concerned of the Civil and military authorities are hereby restrained from acting on PCO which has been issued and from administrating fresh oath to the Chief of Pakistan or Judges of the Supreme Court and Chief Justices or Judges of the Provincial High Courts. They are also restrained to undertake any such action which is contrary to independence of judiciary. Any further appointment of the Chief Justice of Pakistan and the Judges of the Supreme Court and Chief Justices of High Courts and Judges of Provincial High Courts under new developments shall be unlawful and without any jurisdiction.
Put up before the Full Court on 5th November, 2007.