Justice Iftikhar ‘stayed’ emergency, PCO
ISLAMABAD: Seven Supreme Court (SC) judges issued an interim order declaring the state of emergency illegal after President Musharraf issued a provisional constitutional order proclaiming it, Justice Iftikhar Chaudhry told CNN.
Chaudhry was later expelled as the chief justice and the SC denied, in a statement, that any order had been passed stating the PCO was incorrect. Under the interim order, the chief of army staff, corps commanders, staff officers and all civil and military authorities were prevented from acting on the PCO and from administering fresh oaths to any SC or High Court chief justice or judge.
The interim order said the appointment of a new CJP and judges of high courts or judges of provinces under the new PCO would be unlawful. It also said Pakistan’s government, the president and the prime minister are restrained from undertaking any action that affects judicial independence. It said no SC judge or high courts judge should take oath under the PCO.
The SC statement also said that the judges who had not been invited to take oath would not exercise any judicial or administrative power.