Pakistani State of Emergency, 2007 - PCO Judges Case

PCO Judges Case

On July 31, 2009, the Supreme Court of Pakistan declared the steps taken on November 3, 2007, by former president Pervez Musharraf as illegal and unconstitutional under the Article 279 of the Constitution. The judgment came after the 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. The decision's short announcement also stated that the results of Pakistani general election, 2008, held on 18 February, will be given judicial protection and that President Asif Ali Zardari will not have to take a presidential oath again. However the court has some reservations about how the Ordinances including the controversial National Reconstruction Ordinance (NRO), were handled by the interim Supreme Court during the emergency Period, but present government was given 120 days to regularise them through parliament.

Lawyers and advocates celebrated after the announcement was made by the Supreme Court of Pakistan. Musharraf was summoned by the court, but his lawyers did not appear because in their opinion he did not receive the court summons. The verdict was also welcomed by the spokesperson to the President former Senator Farhatullah Babar who said that "The Supreme Court short order today declaring the November 3, 2007 actions of General Pervez Musharraf as unconstitutional is a triumph of the democratic principles, a stinging negation of dictatorship and is most welcome."

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