PCO Judges case
| Constitution Petition No. 8 & 9 of 2009 | |
|---|---|
 |
|
| Court | Supreme Court of Pakistan |
| Decided | 31 July 2009 |
| Citation(s) | (Supreme Court of Pakistan 31 July 2009). Text |
| Case opinions | |
| All steps taken in the 2007 Pakistani state of emergency are unconstitutional, going against the restraining order imposed by the Supreme Court immediately after the state of emergency was declared. | |
| Court membership | |
| Judge(s) sitting | Chief Justice Iftikhar Muhammad Chaudhry Javed Iqbal Sardar Muhammad Raza Khan Khalil-ur-Rehman Ramday Mian Shakirullah Jan Tassaduq Hussain Jillani Nasir-ul-Mulk Raja Fayyaz Ahmed Chaudhry Ijaz Ahmed Ghulam Rabbani Sarmad Jalal Osmany Muhammad Sair Ali Mahmood Akhtar Shahid Siddiqui Jawwad S. Khawaja |
The Provisional Constitutional Order Judges case (shortened to PCO Judges case), refers to ongoing Pakistan Supreme Court cases begun in 2009. On 3 November 2007, then-President Pervez Musharraf declared a Provisional Constitutional Order, which declared a state of emergency and suspends the Constitution of Pakistan. Under this emergency law, all High court judges, including the Supreme Court justices, were asked to take oath under this Provisional Constitutional Order. Those who didn't were placed under effective house arrest. A seven-member bench issued a restraining order on the same day, barring the government from implementing emergency rule and urging other government officials to not help do so.
The Provisional Constitutional Order Judges case has been examining the constitutionality and legality of the steps taken by Musharraf in declaring a state of emergency, and considering contempt of court charges against justices who took oath under the Provisional Constitutional Order in violation of the restraining order.
On 3 November 2007, Musharraf declared a Provisional Constitutional Order, which suspended the Constitution of Pakistan and declared a state of emergency. High court judges were asked to take oath under the new Provisional Court Order. Approximately 100 judges refused to take this oath, and were placed under house arrest. Chief Justice Iftikhar Chaudhry was one of these judges. He was dismissed and replaced by Chief Justice Dogar. On 3 November 2007, a restraining order was issued by a seven-member bench of the Supreme Court to bar the government from implementing emergency rule. In a statement smuggled out of Chaudhry's residence, Chaudry said:
The whole of the judiciary of Pakistan is struggling for the supremacy of the constitution. The Provisional Constitutional Order (PCO) issued by General Musharraf has been declared a step to interfere in the independence of the judiciary, and therefore a judicial 'restraining' order against it had been issued by a seven-member bench of the Supreme Court, which has to be respected and enforced.
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