3- The accused proclaimed Emergency on 3rd Nov 2007 and prescribed a
fresh oath of office for all the judges of the Supreme Court and the High
Courts 3 . This newly introduced oath prescribed that a judge not taking oath
in the manner would cease to hold such office. Thus 15 judges of the
Supreme Court and 56 Judges of the Provincial High Courts were sacked.
The then Chief Justice of Pakistan and few other Judges were put under
house arrest. A petition was brought against the proclaimed emergency 4 . The
Supreme Court validated these ibid acts. A review petition 5 ended in fiasco.
Meanwhile General Elections were held and as a result an elected Prime
Minster 6 assumed office. This elected Government restored the judges. Thus
once again the vires of PCO was challenged before the Supreme Court 7 . The
Hon’ble Supreme Court held:-
“The Accused in the garb of Emergency and the Provisional Constitution
Order made amendments in the Constitution b

y self-acquired powers which
all are unconstitutional, unauthorized, without any legal basis, hence,
without any legal consequences; The Petition No.73 of 2007 filed by Mr.
Justice (Rtd) Wajihuddin Ahmad challenging the eligibility of General
Pervez Musharraf (Rtd) to contest for the office of President in uniform was
dismissed purportedly on merits although the record maintained in the
Supreme Court revealed otherwise; v) The decisions in the cases of Tikka
Iqbal Muhammad Khan granting validity to the actions of General Pervez
Musharraf (Rtd) were per incuriam, carom-non-judice, without any legal

basis hence, of no legal consequences; vi) The amendments in the Supreme
Court (Number of Judges) Act, (XXXIII.1997) 1997, by way of Finance
Act, 2008, raising the strength of Judges in Supreme Court from 17 (1+16)
to 30 (1+29) seemingly aimed at providing allocation of funds for increasing
the strength of Judges is unconstitutional because the strengths of Judges of
Supreme Court is to be increased by Parliament as defined in Articles 50 to
be read with Article 260 of the Constitution which defines the acts of
Parliaments; vii) Surprisingly, in the past the Courts of the time used to
extend favours empowering the adventurers to amend the Constitution in
actual effect were to achieve their overt and covert agenda but this time,
such powers were acquired by the General Pervez Musharraf (Rtd) himself
through the PCO and brought a host of unconstitutional amendments for his
own benefits; and viii) The present representative of people firmly believe in
strong and independent judiciary and the democratic system which is evident
that the deposed Judges of Supreme Court, High Courts and the de-jure
Chief Justice of Pakistan were restored with effect from 3rd of November,
2007, implied that the present representatives of people denied the validity
of the actions of General Pervez Musharraf (Rtd) taken from 3.11.2007 to
15.12.2007 during which the Constitution remained suspended. The
judgment purported to have been delivered in Constitutional Petitions
bearing No 87 and 88 of 2007 in the case titled as TIKA IQBAL
MUHAMMAD KHAN VS GENERAL PERVEZ MUSHARRAF AND
OTHERS (PLD 2008 SC 25 and PLD 2008 SC178) and the judgment dated
15.2.2008, purported to have been passed in CRP No.7 of 2008 titled as
TIKA IQBAL MUHAMMAD KHAN VS GENERAL PERVEZ
MUSHARRAF AND OTHERS and any other judgment/judgments passed
on the strength of the said two judgments are hereby declared to be void ab
initio. The Proclamation of Emergency issued by General Pervez Musharraf
as the Chief of Army Staff (as he then was) on November 3, 2007; the
Provisional Constitution Order No.1 of 2007 issued by him on the same date
in his said capacity; the Oath of Office (Judges) Order of 2007 issued by him
also on the same date though as the President of Pakistan but in exercise of
powers under the aforesaid Proclamation of Emergency and the Provisional
Constitution Order No.1 of 2007; The Provisional Constitution

(Amendment) Order, 2007, issued by him likewise on 15.11.2007; the
Constitution (Amendment) Order, 2007, being President’s Order No.5 of
2007; issued on November 20, 2007; the Constitution (Second Amendment)
Order, 2007, being the President’s Order No.6 of 2007 issued on 14th
December, 2007; the Islamabad High Court (Establishment) Order 2007
dated 14th December 2007 being the President’s Order No.7 of 2007; the
High Court Judges (Pensionary Benefits) Order, 2007, being President’s
Order No.8 of 2007; the Supreme Court Judges (Pensionary Benefits) Order,
2007, being President’s Order No.9 of 2007 dated 14th December, 2007, are
hereby declared to be unconstitutional, ultra-vires of the Constitution and
consequently being illegal and of no legal effect.”