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PCO Judges case information


Constitution Petition No. 8 & 9 of 2009
CourtSupreme Court of Pakistan
Decided31 July 2009
Citation(s) (Supreme Court of Pakistan 31 July 2009), Text.
Court membership
Judge(s) sittingChief 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
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.

The Provisional Constitutional Order Judges case (shortened to PCO Judges case), refers to cases heard and decided by the Pakistan Supreme Court pertaining to the High Court and Supreme Court judges who took their oath of offices under the Provisional Constitutional Order in 2007. 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.[1]

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.

  1. ^ "Pakistan: End Emergency, Restore Constitution". Scoop World. 6 November 2007. Retrieved 26 March 2011.

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