Supreme Court of Pakistan - Recent Events - Constitutional Petitions No. 8 and 9 of 2009

Constitutional Petitions No. 8 and 9 of 2009

Of the 14 justices that rendered a verdict related to taking an oath under the PCO, 12 had taken the oath themselves. However, they controversially did not apply the judgement to themselves.

Name Status
Mr. Justice Iftikhar Muhammad Chaudhry, CJ. Took Oath on PCO as Chief Justice Balochistan High Court on 26 January 2000
Mr. Justice Javed Iqbal Took Oath on PCO as Judge of Balochistan High Court on 26 January 2000
Mr. Justice Sardar Muhammad Raza Khan Took Oath on PCO as Judge of Peshawar High Court on 26 January 2000
Mr. Justice Khalil-ur-Rehman Ramday Took Oath on PCO as Judge of Lahore High Court on 26 January 2000
Mr. Justice Mian Shakirullah Jan Took Oath on PCO as Judge of Peshawar High Court on 26 January 2000
Mr. Justice Tassaduq Hussain Jillani Took Oath on PCO as Judge of Lahore High Court on 26 January 2000
Mr. Justice Nasir-ul-Mulk Took Oath on PCO as Judge of Peshawar High Court on 26 January 2000
Mr. Justice Raja Fayyaz Ahmed Took Oath on PCO as Judge of Balochistan High Court on 26 January 2000
Mr. Justice Ch. Ijaz Ahmed Took Oath on PCO as Judge of Lahore High Court on 26 January 2000
Mr. Justice Ghulam Rabbani Took Oath on PCO as Judge of Sindh High Court on 26 January 2000
Mr. Justice Sarmad Jalal Osmany Took Oath on PCO as Judge of Sindh High Court on 26 January 2000
Mr. Justice Muhammad Sair Ali Khattak Appointed as a Judge of the Lahore High Court Lahore on 2 May 2001
Mr. Justice Mahmood Akhtar Shahid Siddiqui Appointed as a Judge of the Lahore High Court Lahore on 21 September 2001
Mr. Justice Jawwad S. Khawaja. Took Oath on PCO as Judge of Lahore High Court on 26 January 2000

As a result of the 31 July 2009 decision handed down in the case of Constitutional Petitions 8 and 9 of 2009, the following justices resigned before their cases were referred to Supreme Judicial Council:

Name Appointed Status on 2 Nov 2007 PCO oath, Result of Judgement
Justice Faqir Muhammad Khokhar 10 January 2002 Supreme Court Judge Khokkhar resigned from the Court on 5 August 2009. His normal retirement would have been 15 April 2010
Justice M. Javed Buttar 29 July 2004 Supreme Court Judge Buttar resigned from the Court on 5 August 2009. His normal retirement would have been 15 November 2013

In addition to the above justices, the following justices were removed from the Supreme Court of Pakistan on the ground that their appointment to the court was made without consultation with the de jure Chief Justice of Pakistan.

Name Appointed Status on 2 Nov 2007 PCO oath, Result of Judgement
Justice Muhammad Qaim Jan Khan 6 November 2007 Peshawar High Court Judge Khan became a Supreme Court justice on 6 November 2007. He was removed and deemed to have retired as a judge.
Justice Ijaz-ul-Hassan 6 November 2007 Peshawar High Court Judge Ijaz-ul-Hassan became a Supreme Court justice 6 November 2007. He was removed and deemed to have retired as a judge.
Justice Mohammad Moosa K. Legari 6 November 2007 Judge Sindh High Court Legari became a Supreme Court justice 6 November 2007. He was removed and deemed to have retired as a judge.
Justice Ch. Ejaz Yousaf 6 November 2007 Chairman Press Council Yousaf was a retired Chief Justice of the Federal Shariat Court before he became a Supreme Court justice. He was removed from the bench.
Justice Zia Perwez 13 November 2007 Judge Sindh High Court Perwez became a Supreme Court justice 13 November 2007. Perwez was removed and reinstated as a judge for the Sindh High Court.
Justice Mian Hamid Farooq 10 December 2007 Lahore High Court Judge Farooq became a Supreme Court justice 10 December 2007. He was removed and deemed to have retired as a judge.
Justice Syed Sakhi Hussain Bokhari 10 December 2007 Lahore High Court Judge Bokhari became a Supreme Court justice 10 December 2007. He was removed and reinstated as a judge for the Lahore High Court.
Justice Syed Zawwar Hussain Jaffery 10 December 2007 Retired Sindh High court Judge Jaffery became a Supreme Court justice 10 December 2007. He was removed and deemed to have retired as a judge.
Justice Sheikh Hakim Ali 8 February 2008 Lahore High Court Judge Ali became a Supreme Court justice 8 February 2008. He was removed and deemed to have retired as a judge.
Justice Muhammad Furrukh Mahmud 8 February 2008 Retired Lahore High Court Judge Mahmud became a Supreme Court justice 8 February 2008. He was removed from the bench.
Hon. Sarmad Jalal Osmany 19 September 2008 Sindh High Court Judge Osmany refused the PCO oath and was appointed to Supreme Court on 19 September 2008. He was removed from the bench of Supreme Court and reverted to a Sindh High Court Judge. He was then appointed as Chief Justice of Sindh High Court on 1 August 2009.
Justice Sardar Muhammad Aslam 7 March 2009 Lahore High Court Judge Aslam took the PCO oath on 3 November 2007 and became a Supreme Court Justice on 7 March 2009. He was removed and deemed to have retired.

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