1999 Pakistani coup d'état

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On 12 October 1999, Pakistani army launched a coup, and took control of the country. The coup was led by General Pervez Musharraf, who soon after appointed himself as the Chief Executive of the country. This change in status was brought about by a proclamation of emergency in the country and issuance of a number of orders by the Chief Executive.

Shortly after the coup, on January 26, 2000 an order "Oath of Office (Judges) Order, 2000" was issued that required the judiciary to take oath of office under the Provisional Constitutional Order. Majority of the judges of the superior judiciary took an oath under the PCO.^[1]

Contents 1 The coup 2 Text of Proclamation of Emergency 3 Text of Provisional Constitutional Order 1999 4 Legal Challenge to Coup 5 Superior Judiciary and PCO 1999 5.1 Supreme Court 5.2 Federal Shariat Court 5.3 Lahore High Court 5.4 Sindh High Court 5.5 High Court of Balochistan 5.6 Peshawar High Court 6 Changes in the Status of Parliament and Presidency 7 Aftermath 8 References 9 External links

[edit] The coup

On 12 October 1999, Prime Minister of Pakistan Nawaz Sharif dismissed Chief of Army Staff General Pervez Musharraf and appointed Inter-Services Intelligence director Lieutenant General Ziauddin Butt in his place. Musharraf, who was on an official visit to Sri Lanka, immediately returned through a commercial airliner.On board were General Tariq Majid and Brigadier Nadeem Taj , who was the ADC to Musharraf. Senior Army generals including Lieutenant General Aziz Khan, the then chief of general staff, Lieutenant General Mahmud Ahmed, the then corps commander Rawalpindi, and Lieutenant General Muzaffar Usmani, the then corps commander Karachi sided with General Musharraf and refused to obey the orders of the prime minister. In an attempt to thwart Musharraf's return, the government changed the route of the airliner to a distant airport in the interior Sindh. Musharraf, however, forced the pilot to stay in the vicinity of Karachi airport. With the Pakistan Army's V Corps taking over the control of the airport, the plane eventually landed in Karachi. A detachment of 15,000 troops under Major General Farooq under direct orders from Lt.General Muzaffar Usmani took control of the airport.

In the aftermath of the coup d'état, Musharraf's generals ousted the elected government, and arrested Prime Minister Nawaz Sharif and other members of his cabinet. Musharraf later assumed the control of the government and in a subsequent trial of the prime minister alleged that the plane landed with only 7 minutes of fuel left to spare. Sharif was convicted of plane hijacking and was sentenced to life. Later he was allegedly^[2][3] pardoned by President Muhammad Rafiq Tarar, through advice of the then Chief Executive Gen. Pervez Musharraf, only to be exiled to Saudi Arabia where he resided (with brief stays in London and other places) until he returned again on November 25, 2007. His pardon case is still being heard in the Supreme Court of Pakistan^[2][3]

[edit] Text of Proclamation of Emergency

Soon after taking over the country, emergency was declared in the country. Following is the text of the Proclamation of Emergency declared by Chief of the Army Staff Gen Pervez Musharraf^[4]

“

In pursuance of deliberations and decisions of Chiefs of Staff of the Armed Forces and Corps Commanders of Pakistan Army, I, General Pervez Musharraf, Chairman, Joint Chiefs of Staff Committee and Chief of Army Staff proclaim Emergency throughout Pakistan and assume the office of the Chief Executive of the Islamic Republic of Pakistan. I hereby order and proclaim as follows: The Constitution of the Islamic Republic of Pakistan shall remain in abeyance; The President of Pakistan shall continue in office; The National Assembly, the Provincial Assemblies and Senate shall stand suspended; The Chairman and Deputy Chairman of the Senate the Speaker and Deputy Speaker of the National Assembly and the Provincial Assemblies shall stand suspended; The Prime Minister, the Federal Ministers, Ministers of State, Advisors to the Prime Minister, Parliamentary Secretaries, the Provincial Governors, the Provincial Chief Ministers, the Provincial Ministers and the Advisors to the Chief Ministers shall cease to hold office; The whole of Pakistan will come under the control of the Armed Forces of Pakistan. This Proclamation shall come into force at once and be deemed to have taken effect on and 12th day of October, 1999.”

”

[edit] Text of Provisional Constitutional Order 1999

Following is the text of Provisional Constitutional Order (PCO) promulgated by Chief of the Army Staff Gen Pervez Musharraf^[5] on October 14, 1999. After its proclamation, the order was modified on multiple occasions:

“

In pursuance of Proclamation of the 14th day of October, 1999, and in exercise of all powers enabling him in that behalf, the Chairman Joint Chiefs of Staff Committee and Chief of Army Staff and Chief Executive of the Islamic Republic of Pakistan under the Proclamation of Emergency of 14th day of October 1999 (hereinafter referred to as the Chief Executive) is pleased to make and promulgate the following Order: 1. (1) This Order may be called Provisional Constitution Order No.1 of 1999; (2) It extends to the whole of Pakistan; (3) It shall come into force at once. 2. (1) Notwithstanding the abeyance of the provisions of the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, Pakistan shall, subject to this Order and any other Orders made by the Chief Executive, be governed, as nearly as may be, in accordance with the Constitution. (2) Subject as aforesaid, all courts in existence immediately before the commencement of this Order, shall continue to function and to exercise their respective powers and jurisdiction provided that the Supreme Court or High Courts and any other court shall not have the powers to make any order against the Chief Executive or any person exercising powers or jurisdiction under his authority; (3) The Fundamental Rights conferred by Chapter I of Part II of the Constitution, not in conflict with the Proclamation of Emergency or any Order made thereunder from time to time, shall continue to be in force. 3. (1) The President shall act on, and in accordance with the advice of the Chief Executive; (2) The Governor of the Province shall act on, and in accordance with the instructions of the Chief Executive. 4. (1) No Court, Tribunal or other authority shall call or permit to be called in question the proclamation of Emergency of 14th day of October, 1999 or any Order made in pursuance thereof. (2) No judgment, decree, writ, order or process whatsoever shall be made or issued by any court or tribunal against the Chief Executive or any authority designated by the Chief Executive. 5. Notwithstanding the abeyance of the provisions of the Constitution, but subject to the Orders of the Chief Executive, all laws other than the Constitution shall continue in force until altered, amended or repealed by the Chief Executive or any authority designated by him. 6. The Proclamation of Emergency issued on 28th day of May 1998, shall continue but subject to the provisions of Proclamation of Emergency dated 14th day of October 1999 and this Provincial Constitution Order and any other Order made thereunder. 7. All persons who, immediately before the commencement of this Order, were in the service of Pakistan as defined in Article 260 of the Constitution and those persons who immediately before such commencement were in office as Judge of the Supreme Court, the Federal Shariat Court or a High Court or Auditor-General or Ombudsman and Chief Ehtesab Commissioner, shall continue in the said service on the same terms and conditions and shall enjoy the same privileges, if any.

”

[edit] Legal Challenge to Coup

On November 15, 1999 first legal challenge to the October 12, 1999 coup was filed in the Supreme Court of Pakistan by Syed Zafar Ali Shah, a member of suspended National Assembly. He requested the court, in his appeal, to declare the military takeover "illegal and unconstitutional", and order the restoration of Mr Sharif’s government that was dismissed by General Musharraf and of the two-chamber National Parliament and four provincial assemblies that were suspended.^[6]. Later similar appeals were filed by Pakistan Muslim League, by Iqbal Haider of Muslim Welfare Movement and by Wahabul Khairi, an advocate.^[7]

On December 1, 1999 a five panel bench of Supreme Court was constituted to hear these appeals. The bench of headed by Chief Justice Saeed-uz-Zaman Siddiqui and had Justice Mohammad Bashir Jahangiri, Justice Nasir Aslam Zahid, Justice Abdur Rehman Khan and Justice Wajeeh-ud-Din Ahmed as other members.^[7]

On January 26, 2000 all the members of the superior judiciary was asked to take oath on PCO. Three out of five justices of the bench hearing the case declined to take the oath and were declared to have retired from the court. These justice included Chief Justice Saeed-uz-Zaman Siddiqui, Justice Nasir Aslam Zahid, and Justice Wajeeh-ud-Din Ahmed.^[8][9]

[edit] Superior Judiciary and PCO 1999

At the time of proclamation of Provisional Constitutional Order, the judiciary was not asked to take oath under PCO. On January 26, 2000 an order Oath of Office (Judges) Order, 2000 was issued that required that judiciary take oath of office under PCO. Out of One hundred and two (102) judges of superior judiciary, eighty nine (89) took on PCO and thirteen (13) refused to take oath on PCO. Those who refused six (6) were from Supreme Court, two (2) from Peshawar High Court, two (2) from Lahore High Court and three (3) from Sindh High Court. Those who refused to take oath on PCO were deemed to have retired.^[8][9]

[edit] Supreme Court

The Supreme Court of Pakistan consisted of thirteen (13) judges. Out of thirteen, seven (7) opted to take the oath while six (6) decided not to.^[8][9]

Name	Appointed	Normal Retirement	Action on PCO oath
Hon. Chief Justice Justice Saeeduzzaman Siddiqui	?	November 11, 2000	willing but not asked to take oath
Hon. Justice Mamoon Kazi	?	December 29, 2000	refused PCO oath
Hon. Justice Nasir Aslam Zahid	?	February 2, 2000	refused PCO oath
Hon. Justice Khalilur Rehman	?	April 24, 2001	refused PCO oath
Hon. Justice Wajihuddin Ahmed	?	November 2003	refused PCO oath
Hon. Justice Kamal Mansoor Alam	?	April 2002	refused PCO oath
Hon. Irshad Hassan Khan	?	June 1, 2002	took PCO oath, made Chief Justice
Hon. Bashir Jehangiri	?	January 31, 2002	took PCO oath
Hon. Abdur Rehman Khan	?	?	took PCO oath
Hon. Shaikh Riaz Ahmed	November 1997	December 31, 2003	took PCO oath
Hon. Munir A Shaikh	November 4, 1997	December 31, 2003	took PCO oath
Hon. Shaikh Ejaz Nisar	?	?	took PCO oath
Hon. Ch. Mohammad Arif	November 4, 1997	January 9, 2002	took PCO oath

[edit] Federal Shariat Court

All four judges of the Federal Shariat Court took oath on PCO.^[8][9]

Name	Appointed	Normal Retirement	Action on PCO oath
Hon. Fazal Ellahi Khan	?	?	Took oath on PCO. He was the Chief Justice of FSC
Hon. Fida Mohammad Khan	?	?	Took oath on PCO
Hon. Mohammad Khiyar	?	?	Took oath on PCO
Hon. Chaudhary Ejaz Yousaf	?	?	Took oath on PCO

[edit] Lahore High Court

Out of forty three (43)justices of Lahore High Court forty one (41) took oath on PCO and two (2) refused to take oath on PCO.^[8][9]

Name	Appointed	Normal Retirement	Action on PCO oath
Ehsanul Haq Chaudhry	?	?	Did not take Oath
Najamul Hassan Kazmi	?	?	Did not take Oath
Rashid Aziz Khan	?	?	Took oath on PCO. He was Chief Justice of LHC
Falak Sher	?	?	Took oath on PCO
Mian Allah Nawaz	?	?	Took oath on PCO
Tanvir Ahmad Khan	?	?	Took oath on PCO
Nazir Akhtar	?	?	Took oath on PCO
Malik Mohammad Qayyum	?	?	Took oath on PCO
Khalil-ur-Rehman Ramday	?	?	Took oath on PCO
Mohammad Nasim Chaudhri	?	?	Took oath on PCO
Mohammad Asif Jan	?	?	Took oath on PCO
Amir Alam Khan	?	?	Took oath on PCO
Karamat Nazir Bhandari	?	?	Took oath on PCO
Fakhar-un-Nisa Khokhar	?	?	Took oath on PCO
Iftikhar Hussain Chaudhry	?	?	Took oath on PCO
M. Javed Buttar	?	?	Took oath on PCO
Munir Ahmad Mughal	?	?	Took oath on PCO
Zafar Pasha Chaudhary	?	?	Took oath on PCO
Ch. Ijaz Ahmad	?	?	Took oath on PCO
Iftikhar Ahmad Cheema	?	?	Took oath on PCO
Riaz Kayani	?	?	Took oath on PCO
Syed Jamshed Ali	?	?	Took oath on PCO
Khwaja Mohammad Sharif	?	?	Took oath on PCO
Syed Zahid Hussain	?	?	Took oath on PCO
Mian Mohammad Najam-uz-Zaman	?	?	Took oath on PCO
Asif Saeed Khan Khosa	?	?	Took oath on PCO
Ghulam Mehmood Qureshi	?	?	Took oath on PCO
Tassadaq Hussain Jilani	?	?	Took oath on PCO
Akhtar Shabbir	?	?	Took oath on PCO
Molvi Anwar-ul-Haq	?	?	Took oath on PCO
Naeemullah Sherwani	?	?	Took oath on PCO
Ali Nawaz Chohan	?	?	Took oath on PCO
Naseem Sikandar	?	?	Took oath on PCO
Bashir A Mujahid	?	?	Took oath on PCO
Jawad S Khawaja	?	?	Took oath on PCO
Raja Mohammad Sabir	?	?	Took oath on PCO
Mian Zafar Yasin	?	?	Took oath on PCO
Nazir Siddique	?	?	Took oath on PCO
Mohammad Nawaz Abbasi	?	?	Took oath on PCO
Fakir Mohammad Khokar	?	?	Took oath on PCO
Abdul Razzaq Sheikh	?	?	Took oath on PCO
Mumtaz Ali Mirza	?	?	Took oath on PCO
Mian Saqib Nisar	?	?	Took oath on PCO

[edit] Sindh High Court

Out of twenty five (25) justices of Sindh High Court, twenty two (22) took oath on PCO and three (3) refused to take oath on PCO.^[8][9]

Name	Appointed	Normal Retirement	Action on PCO oath
Dr Ghous Muhammad	?	?	Did not take Oath
Rasheed Ahmed Razvi	?	?	Did not take Oath
Mushtaq Ahmed Memon	?	?	Did not take Oath
Nazim Hussain Siddiqui	?	?	Took oath on PCO. He was the Chief Justice of SHC
Syed Deedar Hussain Shah	?	?	Took oath on PCO
Amanullah Abassi	?	?	Took oath on PCO
Hamid Ali Mirza	?	?	Took oath on PCO
Abdul Hameed Dogar	?	?	Took oath on PCO
Sayyed Saeed Ashhad	?	?	Took oath on PCO
Sabihuddin Ahmed	?	?	Took oath on PCO
Abdul Ghani Shaikh	?	?	Took oath on PCO
Mohammad Roshan Essani	?	?	Took oath on PCO
Shamim Ahmed Sarwana	?	?	Took oath on PCO
Zahid Kurban Alvi	?	?	Took oath on PCO
Shabbir Ahmed	?	?	Took oath on PCO
Ata-ur-Rehman	?	?	Took oath on PCO
Ghulam Rabbani	?	?	Took oath on PCO
Sarmad Jalal Osmani	?	?	Took oath on PCO
Anwer Zaheer Jamali	?	?	Took oath on PCO
S.A. Rabbani	?	?	Took oath on PCO
M. Ashraf Laghari	?	?	Took oath on PCO
Wahid Bux Brohi	?	?	Took oath on PCO
Rana Bhagwandas	?	?	Took oath on PCO
Ghulam Nabi Soomro	?	?	Took oath on PCO
Musheer Alam	?	?	Took oath on PCO

[edit] High Court of Balochistan

All five (5) justices of High Court of Balochistan took oath on PCO.^[8][9]

Name	Appointed	Normal Retirement	Action on PCO oath
Iftikhar Muhammad Chaudhry	?	?	took oath on PCO. He was the Chief Justice
Javed Iqbal	?	?	took oath on PCO.
Raja Muhammad Fayyaz Ahmad	?	?	took oath on PCO.
Amanullah Yasinzai	?	?	took oath on PCO.
Fazlur Rehman	?	?	took oath on PCO.

[edit] Peshawar High Court

Out of eleven (11) justices of Peshawar High Court, nine (9) took oath on PCO and two (2) refused to take oath on PCO. Two (2) were appointed as new Justices of PHC. At the same time, two (2) new judges were appointed.^[8][9]

Name	Appointed	Normal Retirement	Action on PCO oath
Javed Nawaz Chandapur	?	?	Did not take oath on PCO
Mohammad Nawaz Khan	?	?	Did not take oath on PCO
Mian Muhammad Ajmal	?	?	Took Oath on PCO. He was the Chief Justice
Sardar Mohammad Raza	?	?	Took oath on PCO
Mian Shakirullah Jan	?	?	Took oath on PCO
Khalida Rashid	?	?	Took oath on PCO
Nasrul Mulk	?	?	Took oath on PCO
Tariq Pervez	?	?	Took oath on PCO
Abdur Rauf Laghmani	?	?	Took oath on PCO
Shahzad Akbar Khan	?	?	Took oath on PCO
Tallat Qayyum Qureishi	?	?	Took oath on PCO
Malik Hamid Saeed	?	?	Was not a sitting judge of PHC but was invited and took oath
Shah Jehan Khan Yousafzai	?	?	Was not a sitting judge of PHC but was invited and took oath

[edit] Changes in the Status of Parliament and Presidency

In the original emergency declaration, the National Assembly, the Provincial Assemblies and the Senate were suspended but were not dissolved. Chairman and Deputy Chairman of the Senate, the Speaker and Deputy Speaker of the National Assembly and the Provincial Assemblies were also suspended. Muhammad Rafiq Tarar, who was the President of Pakistan at the time of coup, was allowed to function.^[10]

On June 20, 2001 an order issued by Chief Executive (Chief Executive’s Order No. 2 of 2001) dissolved the assemblies, and removed Chairman and Deputy Chairman of the Senate, the Speaker and Deputy Speaker of the National Assembly and the Provincial Assemblies.^[10]

On June 20, 2001 an order was issued by Chief Executive (Chief Executive’s Order No. 2 of 2001) which declared that the person holding the office of the President of the Islamic Republic of Pakistan immediately before the commencement of the Proclamation of Emergency (Amendment) Order, 2001, shall cease to hold the office with immediate effect. As the result of this order, Tarar was removed from the office of President.^[10]

On June 20, 2001 an order issued by Chief Executive (Chief Executive’s Order No. 3 of 2001) declared that, upon the office of the President becoming vacant for any reason whatsoever, the Chief Executive of the Islamic Republic of Pakistan shall be the President of the Islamic Republic of Pakistan and shall perform all functions assigned to the President by or under the Constitution or by or under any law. It was further provided that the Chief Executive shall hold office as President until his successor enters upon his office. As the result of this order, Pervez Musharraf took over as President of Pakistan.^[10]

[edit] Aftermath

On 12 May 2000 the Supreme Court of Pakistan ordered Pervez Musharraf to hold general elections by 12 October 2002. In an attempt to legitimize his presidency and assure its continuance after the impending elections, he held a national referendum on 30 April 2002, which extended his presidential term to a period ending five years after the October elections.

[edit] References

[edit] External links

• Pakistan after the coup: Special report, BBC report
• Strategic Affairs Analysis
• SAAG
• 1999 Kargil Conflict

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