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* results of [[Pakistani general election, 2008]] (held on 18th February, 2008) will be given judicial protection and that the President, [[Asif Ali Zardari]] won't have to take presidential oath again.
* results of [[Pakistani general election, 2008]] (held on 18th February, 2008) will be given judicial protection and that the President, [[Asif Ali Zardari]] won't have to take presidential oath again.


== Impact on Judiciary ==
The decision has immediate impact on judicary. As the result of this decision, there were two groups of judges who were impacted


1. Those, who on November 2, 2007 were sitting judges of Supreme Court, Federal Shiariat Court and High Courts and who took oath on PCO. Decision was made to refer their case to Supreme Judicial Council.
==Reaction==
Lawyers and advocates celebrated after the announcement was made by the Supreme Court of Pakistan, with sweets disturbed.<ref>{{cite news |url =http://geo.tv/7-31-2009/46858.htm|title = SC declares Nov 3 steps illegal, unconstitutional|date= [[July 31]], [[2009]] |accessdate= 2009-07-31|publisher= Geo.tv }}</ref>


2. Those, who were appointed to Supreme Court, Federal Shiariat Court and High Courts between November 3, 2007 and March 22, 2009. All such judges were reverted back to position of November 2, 2007, subject to age of superannuation.


=== Supreme Court===

===List of judges of the Supreme Court affected ===
In total 15 judges of supreme court will be affected including Justice Faqir Muhammad Khokharand Justice M Javed Butter who took oath under PCO. They will sent to Supreme Judicial Council.
In total 15 judges of supreme court will be affected including Justice Faqir Muhammad Khokharand Justice M Javed Butter who took oath under PCO. They will sent to Supreme Judicial Council.

{{legend2|DarkGreen|Did not take Nov 3, 2007 PCO oath|border=1px solid #AAAAAA}}
{{legend2|Pink|Took Nov 3, 2007 PCO oath but not to the Supreme Court|border=1px solid #AAAAAA}}
{{legend2|Red|Took Nov 3, 2007 PCO oath to the Supreme Court|border=1px solid #AAAAAA}}
<onlyinclude>

{| class="wikitable"
! Name
! Appointed
! Retirement
! Status on Nov 2, 2007
! PCO oath, Restored/Reappointed
|-
| Justice [[Faqir Muhammad Khokhar]]
| January 10, 2002<ref name=AnnualReport2004>[http://www.ljcp.gov.pk/Menu%20Items/Publications/Reports%20of%20the%20LJCP/reports/AnnualReport2004.pdf Supreme Court Annual Report 2004]</ref>
| April 15, 2010<ref name=AnnualReport2006>[http://www.supremecourt.gov.pk/web/user_files/File/Supreme_Court_Report_Golden_Jubilee_Edition_2006.pdf Supreme Court Report Golden Jubilee Edition 2006]</ref>
| Supreme Court Judge
! style="background-color: Red" | took PCO Oath on November 3, 2007
|-
| Justice [[Muhammad Javed Buttar|M. Javed Buttar]]
| July 29, 2004<ref name=AnnualReport2004>[http://www.ljcp.gov.pk/Menu%20Items/Publications/Reports%20of%20the%20LJCP/reports/AnnualReport2004.pdf Supreme Court Annual Report 2004]</ref>
| November 15, 2013<ref name=AnnualReport2006>[http://www.supremecourt.gov.pk/web/user_files/File/Supreme_Court_Report_Golden_Jubilee_Edition_2006.pdf Supreme Court Report Golden Jubilee Edition 2006]</ref>
| Supreme Court Judge
! style="background-color: Red" | took PCO Oath on November 3, 2007
|-
| Justice [[Sayed Zahid Hussain]]
| April 12, 2009<ref
name=ThePakistaniNewsPaper20090412>
{{cite news
|date = April 12, 2009
|title = Justice Khawaja Sharif appointed LHC CJ
|author = The Pakistani NewsPaper
|publisher = The Pakistani NewsPaper (http://thepakistaninewspaper.com)
|url = http://thepakistaninewspaper.com/news_detail.php?id=13449
|accessdate = 2009-04-13
}}</ref>
|
| Lahore High Court Judge
! style="background-color: Pink" | took PCO oath on November 3, 2007
|-
| Justice Muhammad Qaim Jan Khan
| November 6, 2007
| January 5, 2011<ref name=LawDivision>http://www.pakistan.gov.pk/divisions/ContentInfo.jsp?DivID=19&cPath=175_181&ContentID=516</ref>
| Peshawar High Court Judge
! style="background-color: Red" | took PCO oath, elevated to Supreme Court on November 6, 2007. As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court and deemed to have retired as a judge of PHC.
|-
| Justice Ijaz-ul-Hassan
| November 6, 2007
| June 2, 2011<ref name=LawDivision>http://www.pakistan.gov.pk/divisions/ContentInfo.jsp?DivID=19&cPath=175_181&ContentID=516</ref>
| Peshawar High Court Judge
! style="background-color: Red" | took oath on PCO on November 6, 2007.As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court and deemed to have retired as a judge of PHC.
|-
| Justice Mohammad Moosa K. Legari
| November 6, 2007
| December 31, January, 2010<ref name=SindhHighCourtReport2003>[http://www.ljcp.gov.pk/Menu%20Items/Publications/Reports%20of%20the%20LJCP/reports/SindhHighCourtReport2003.pdf Sindh High Court Report 2003]</ref>
| Judge Sindh High Court
! style="background-color: Red" | took oath on PCO on November 6, 2007. As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court and deemed to have retired as a judge of SHC.
|-
| Justice Ch. Ejaz Yousaf
| November 6, 2007
| January 6, 2017<ref name=FederalShariatCourt2003>[http://www.ljcp.gov.pk/Menu%20Items/Publications/Reports%20of%20the%20LJCP/reports/FederalShariatCourt2003.pdf Federal Shariat Court Report 2003]</ref>
| Chairman Press Council<ref>http://jang.com.pk/thenews/feb2008-weekly/nos-10-02-2008/enc.htm</ref>
! style="background-color: Red" | took oath on PCO on November 6, 2007. Was a retired Chief Justice of the Federal Shariat Court<ref>http://jang.com.pk/thenews/feb2008-weekly/nos-10-02-2008/enc.htm</ref>. As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court.
|-
| Justice Zia Perwez
| November 13, 2007
| January 26, 2014<ref name=SindhHighCourtReport2003>[http://www.ljcp.gov.pk/Menu%20Items/Publications/Reports%20of%20the%20LJCP/reports/SindhHighCourtReport2003.pdf Sindh High Court Report 2003]</ref>
| Judge Sindh High Court
! style="background-color: Red" | took oath on PCO on November 13, 2007As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court and reverted as judge of SHC.
|-
| Justice Mian Hamid Farooq
| December 10, 2007
| January 2, 2012<ref name=LawDivision>http://www.pakistan.gov.pk/divisions/ContentInfo.jsp?DivID=19&cPath=175_181&ContentID=516</ref>
| Lahore High Court Judge
! style="background-color: Red" | took PCO oath, elevated to Supreme Court on December 10 2007. As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court and deemed to have retired as a judge of LHC.
|-
| Justice Syed Sakhi Hussain Bokhari
| December 10, 2007
| January 1, 2013<ref name=LawDivision>http://www.pakistan.gov.pk/divisions/ContentInfo.jsp?DivID=19&cPath=175_181&ContentID=516</ref>
| Lahore High Court Judge
! style="background-color: Red" | took PCO oath, elevated to Supreme Court on December 10 2007. As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court and reverted as a judge of SHC.
|-
| Justice Syed Zawwar Hussain Jaffery
| December 10, 2007
| April 23, 2010<ref name=SindhHighCourtReport2003>[http://www.ljcp.gov.pk/Menu%20Items/Publications/Reports%20of%20the%20LJCP/reports/SindhHighCourtReport2003.pdf Sindh High Court Report 2003]</ref>
| Retired Sindh High court Judge
! style="background-color: Red" | took oath on PCO on December 10, 2007. As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court.
|-
| Justice Sheikh Hakim Ali
| February 8, 2008<ref>http://pakistanherald.com/profile.asp?hofid=228</ref>
| March 31, 2012<ref>http://pakistanherald.com/profile.asp?hofid=228</ref>
| Lahore High Court Judge
! style="background-color: Pink" | took PCO oath, elevated to Supreme Court on February 8, 2008(after reinstatement of constitution). As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court and deemed to have retired as a judge of LHC.
|-
| Justice Muhammad Furrukh Mahmud
| February 8, 2008<ref>http://www.indopia.in/India-usa-uk-news/latest-news/75540/International/2/20/2</ref>
| June 26, 2010<ref name=LawDivision>http://www.pakistan.gov.pk/divisions/ContentInfo.jsp?DivID=19&cPath=175_181&ContentID=516</ref>
| Retired Lahore High Court Judge<ref name=LawDivision>http://www.pakistan.gov.pk/divisions/ContentInfo.jsp?DivID=19&cPath=175_181&ContentID=516</ref>
! style="background-color: Pink" | took oath after reinstatement of constitution. As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court.
|-
| Hon. Sarmad Jalal Osmany
| September 19, 2008
| October 12, 2015<ref name=SindhHighCourtReport2003>[http://www.ljcp.gov.pk/Menu%20Items/Publications/Reports%20of%20the%20LJCP/reports/SindhHighCourtReport2003.pdf Sindh High Court Report 2003]</ref>
| Sindh High Court Judge
! style="background-color: DarkGreen" | refused PCO oath, appointed to Supreme Court on September 19, 2008. As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court and reverted as a judge of SHC.
|-
| Justice [[Sardar Muhammad Aslam]]
| March 7, 2009<ref>http://www.apakistannews.com/supreme-court-judge-chief-justice-ihc-take-oath-108974</ref>
| March 9, 2012<ref>http://www.apakistannews.com/supreme-court-judge-chief-justice-ihc-take-oath-108974</ref>
| Lahore High Court Judge
! style="background-color: Pink" | took PCO oath on November 3, 2007, Elevated to Supreme Court on March 7, 2009. As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court and deemed to have retired as a judge of LHC.
|-
|}

=== Sindh High Court===


=== Lahore High Court===

=== Peshawar High Court===

===High Court of Balochistan===

===Federal Shariat Court===



==Reaction==
Lawyers and advocates celebrated after the announcement was made by the Supreme Court of Pakistan, with sweets disturbed.<ref>{{cite news |url =http://geo.tv/7-31-2009/46858.htm|title = SC declares Nov 3 steps illegal, unconstitutional|date= [[July 31]], [[2009]] |accessdate= 2009-07-31|publisher= Geo.tv }}</ref>




Revision as of 13:34, 1 August 2009

Background

Sindh High Court Bar Association (SHCBA) petitioned the Supreme Court of Pakistan against non-confirmation of two Sindh High Court judges, Justice Zafar Ahmed Khan Sherwani and Justice Abdul Rasheed Kalwar, and challenged the appointment of judges who took oath under the Provisional Constitutional Order (PCO).

Case

A 14-judge larger bench headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry completed the hearing of constitutional petitions regarding PCO judges, appointments of judges of higher judiciary and November 3 2007 steps.[1]

Musharraf was summoned by the court, but his lawyers didn't appeared, because in their opinion he didn't received the court summons.[2]

Decision

On July 31 2009, the Supreme Court of Pakistan declared that:

  • steps taken on November 3 2007 by former president Pervez Musharraf as illegal and unconstitutional under the Article 279 of the Constitution.[3]
  • removal of judges from higher judiciary was unconstitutional and have no effect
  • office of Chief Justice was never vacant and was Iftikhar Muhammad Chaudhry was the Chief Justice and Justice Dogar was never Chief Justice.
  • reappointment or restoration of judges had no legal force as judges never were removed.
  • the number of judges is defined in constitution and increase in vacancy through financial bill would be only considered for financial puposes and the vacancies would remain as defined in the constitution.
  • any appointment etc made on recommendation of Justice Dogar has no legal effect and only administrative and financial decision made by Justice Dogar would have protection of law under doctrine of "de-facto".
  • all those judges who already were judges on November 2, 2007 and took oath on PCO had violated order of the 7 panel Supreme Court that had prohibited all judiciary to take oath on any PCO. Cases of all such judges were refered to Supreme Judicial Council
  • all those judges who were appointed between November 3, 2007 and March 22, 2009 on recommendation of Justice Dogar were reverted back to the position of November 2, 2007.
  • establishment of Islamabad High Court was unconstitutional and of no effect

Impact on Judiciary

The decision has immediate impact on judicary. As the result of this decision, there were two groups of judges who were impacted

1. Those, who on November 2, 2007 were sitting judges of Supreme Court, Federal Shiariat Court and High Courts and who took oath on PCO. Decision was made to refer their case to Supreme Judicial Council.

2. Those, who were appointed to Supreme Court, Federal Shiariat Court and High Courts between November 3, 2007 and March 22, 2009. All such judges were reverted back to position of November 2, 2007, subject to age of superannuation.

Supreme Court

In total 15 judges of supreme court will be affected including Justice Faqir Muhammad Khokharand Justice M Javed Butter who took oath under PCO. They will sent to Supreme Judicial Council.

  Did not take Nov 3, 2007 PCO oath   Took Nov 3, 2007 PCO oath but not to the Supreme Court   Took Nov 3, 2007 PCO oath to the Supreme Court


Name Appointed Retirement Status on Nov 2, 2007 PCO oath, Restored/Reappointed
Justice Faqir Muhammad Khokhar January 10, 2002[4] April 15, 2010[5] Supreme Court Judge took PCO Oath on November 3, 2007
Justice M. Javed Buttar July 29, 2004[4] November 15, 2013[5] Supreme Court Judge took PCO Oath on November 3, 2007
Justice Sayed Zahid Hussain April 12, 2009[6] Lahore High Court Judge took PCO oath on November 3, 2007
Justice Muhammad Qaim Jan Khan November 6, 2007 January 5, 2011[7] Peshawar High Court Judge took PCO oath, elevated to Supreme Court on November 6, 2007. As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court and deemed to have retired as a judge of PHC.
Justice Ijaz-ul-Hassan November 6, 2007 June 2, 2011[7] Peshawar High Court Judge took oath on PCO on November 6, 2007.As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court and deemed to have retired as a judge of PHC.
Justice Mohammad Moosa K. Legari November 6, 2007 December 31, January, 2010[8] Judge Sindh High Court took oath on PCO on November 6, 2007. As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court and deemed to have retired as a judge of SHC.
Justice Ch. Ejaz Yousaf November 6, 2007 January 6, 2017[9] Chairman Press Council[10] took oath on PCO on November 6, 2007. Was a retired Chief Justice of the Federal Shariat Court[11]. As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court.
Justice Zia Perwez November 13, 2007 January 26, 2014[8] Judge Sindh High Court took oath on PCO on November 13, 2007As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court and reverted as judge of SHC.
Justice Mian Hamid Farooq December 10, 2007 January 2, 2012[7] Lahore High Court Judge took PCO oath, elevated to Supreme Court on December 10 2007. As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court and deemed to have retired as a judge of LHC.
Justice Syed Sakhi Hussain Bokhari December 10, 2007 January 1, 2013[7] Lahore High Court Judge took PCO oath, elevated to Supreme Court on December 10 2007. As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court and reverted as a judge of SHC.
Justice Syed Zawwar Hussain Jaffery December 10, 2007 April 23, 2010[8] Retired Sindh High court Judge took oath on PCO on December 10, 2007. As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court.
Justice Sheikh Hakim Ali February 8, 2008[12] March 31, 2012[13] Lahore High Court Judge took PCO oath, elevated to Supreme Court on February 8, 2008(after reinstatement of constitution). As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court and deemed to have retired as a judge of LHC.
Justice Muhammad Furrukh Mahmud February 8, 2008[14] June 26, 2010[7] Retired Lahore High Court Judge[7] took oath after reinstatement of constitution. As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court.
Hon. Sarmad Jalal Osmany September 19, 2008 October 12, 2015[8] Sindh High Court Judge refused PCO oath, appointed to Supreme Court on September 19, 2008. As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court and reverted as a judge of SHC.
Justice Sardar Muhammad Aslam March 7, 2009[15] March 9, 2012[16] Lahore High Court Judge took PCO oath on November 3, 2007, Elevated to Supreme Court on March 7, 2009. As result of judgment in case "CONSTITUTION PETITION NO. 08 OF 2009", removed from bench of Supreme Court and deemed to have retired as a judge of LHC.

Sindh High Court

Lahore High Court

Peshawar High Court

High Court of Balochistan

Federal Shariat Court

Reaction

Lawyers and advocates celebrated after the announcement was made by the Supreme Court of Pakistan, with sweets disturbed.[17]


See Also

2007 Pakistani state of emergency

References

  1. ^ "SC declares Nov 3, 2007 actions unconstitutional". Dawn. 2009-07-31. Retrieved 2009-07-31.
  2. ^ Ahmed, Khaleeq (2009-07-31). "Pakistan Court Rules Musharraf's Emergency Decree Was Illegal". Bloomberg. Retrieved 2009-07-31. {{cite news}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  3. ^ "Court: Musharraf's 2007 rule unconstitutional". China daily. 2009-07-31. Retrieved 2009-07-31.
  4. ^ a b Supreme Court Annual Report 2004
  5. ^ a b Supreme Court Report Golden Jubilee Edition 2006
  6. ^ The Pakistani NewsPaper (April 12, 2009). "Justice Khawaja Sharif appointed LHC CJ". The Pakistani NewsPaper (http://thepakistaninewspaper.com). Retrieved 2009-04-13.
  7. ^ a b c d e f http://www.pakistan.gov.pk/divisions/ContentInfo.jsp?DivID=19&cPath=175_181&ContentID=516
  8. ^ a b c d Sindh High Court Report 2003
  9. ^ Federal Shariat Court Report 2003
  10. ^ http://jang.com.pk/thenews/feb2008-weekly/nos-10-02-2008/enc.htm
  11. ^ http://jang.com.pk/thenews/feb2008-weekly/nos-10-02-2008/enc.htm
  12. ^ http://pakistanherald.com/profile.asp?hofid=228
  13. ^ http://pakistanherald.com/profile.asp?hofid=228
  14. ^ http://www.indopia.in/India-usa-uk-news/latest-news/75540/International/2/20/2
  15. ^ http://www.apakistannews.com/supreme-court-judge-chief-justice-ihc-take-oath-108974
  16. ^ http://www.apakistannews.com/supreme-court-judge-chief-justice-ihc-take-oath-108974
  17. ^ "SC declares Nov 3 steps illegal, unconstitutional". Geo.tv. July 31, 2009. Retrieved 2009-07-31. {{cite news}}: Check date values in: |date= (help)

Notes

Retrieved from "https://en.wikipedia.org/w/index.php?title=PCO_Judges_case&oldid=305454624"