Text of the Supreme Court Order Annulling the Proclamation of "Emergency"

This is the text of the order, as is (with errors), issued by Pakistan's Supreme Court in the wake of Musharraf's declaration of "emergency":

This application was filed in court on 2nd November 2007 praying that respondent/Government may change the composition of Bench by adopting extra Constitutional measures, which could mean either placing Martial Law or bringing PCO or by imposing emergency.

Application could not be taken up as it was not numbered. However, now it has been mark to Bench. In the meantime, electronic and print media news appeared that PCO been promulgated to enable Government to administer freash oath to the Chief Justice as well as Judges of the Supreme Court so that favorable Judges could be appointed. Be that as it may, we feel that Government has no ground/reason to take extra Constitutional steps, particularly for the reasons being published in the news papers that high profile case is pending and is not likely to be decided in favor of the Government, although matter is still pending. Therefore, a special Bench has been constituted and on considering present situation and news which have published in news papers, we direct as follows:

1. Government of Pakistan i.e., President and Prime Minister of Pakistan are restrained from undertaking any such action which is contrary to Independence of Judiciary.

2. No Judge of the Supreme Court or the High Courts Chief Justice(s) shall take oath. Under PCO or any other extra Constitutional step.

3. Chief of Army Staff, Corps Commanders, Staff Officers and all concerned of the Civil and Military Authorities are hereby restrained from acting on PCO storming which ha been issued or from administering fresh oath to Chief Justice of Pakistan or Judges of Supreme Court and Chief Justice and Judges of the Provincial High Courts. They are also restrained to undertake any such actions, which is contrary to independence of Judiciary. Any further appointment of the Chief Justice of Pakistan and Judges of Supreme Court and Chief Justices of High Courts or Judges of Provinces under new development shall be unlawful and without jurisdiction.

Put up before full court on 5th November 2007.

Islamabad
03.11.2007

A report in Dawn, Seven Judges Reject PCO Before Being Sent Home, provides the background to this order.

Sources: http://www.nytimes.com/imagepages/2007/11/03/world/03cnd-pakistan6ready.html
ht tp://dawn.com/2007/11/04/top2.htm