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1. TIKKA IQBAL CASE AND ITS ORDER IN REVIEW
" The Judgment in Petitions No. 87 and 88 of 2007, TIKA
IQBAL MUHAMMAD KHAN VS GENERAL PERVEZ MUSHARRA AND OTHERS
(PLD 2008 SC 25 and PLD 2008 SC 170) and the Judgment dated
15-2-2008, and any other passed on strength of the said two
judgment are hereby declared to be void ab initio ".
2. THE PROCLAMATION PCO; OATH OF JUDGES ORDER AND AMENDMENTS
TO CONSTITUTION.
" The Proclamation of Provisional Constitution Order
the Oath of Office (Judges) Order of 2007, Constitution (Amendment)
Order, 2007, the Constitution (Second Amendment) Order, 2007,
are hereby declared to be unconstitutional, ultra vires of
the Constitution and consequently being illegal and of no
legal effect ".
3. JUDGES CONFIRMED BEFORE NOVEMBER, 3RD 2007, WHO WERE
EITHER RESTORED WITHOUT OATH OR TOOK FRESH OATH UNDER THE
CONSTITUTION AS REVIVED ON THE 15TH OF DECEMBER, 2007.
" The Chief Justice of Pakistan; the Judges who were
declared to have ceased to hold their respective offices shall
be deemed never to have ceased to be such Judges, irrespective
of any notification issued regarding their reappointment or
restoration ".
4. CHIEF JUSTICE IFTIKAR MUHAMMAD CHAUDERY
" It is declared that the office of the Chief Justice
of Paksitan never fell vacant ".
5. JUSTICE ABDUL HAMEED DOGAR
" The appointment of Mr. Justice Abdul Hameed Dogar
as the Chief Justice of Pakistan was unconstitutional, void
ab initio and of no legal effect.
Provided unconstitutional appointment shall not affect the
validity of any administrative or financial acts performed
by him or of any oath made before him in the ordinary course
of the affairs ".
6. JUDGES OF SC AND CHIEF JUSTICES AND JUDGES OF HIGH
COURTS, WHO TOOK OATH ON PCO AND/OR WERE APPOINTED IN CONSULTATION
WITH JUSTICE DOGAR BETWEEN 3RD NOVEMBER, 2007 AND 22ND FEBRUARY,
2009.
" All appointments of Judges of the Supreme Court of
Pakistan, of the Chief Justices of the High Courts and of
the Judges of the High Courts made, in consultation with him,
from 3-11-2007 to 22-3-2009 are hereby declared to be unconstitutional,
void ab initio and of no legal effect and such appointees
shall cease to hold office forthwith.
Provided that the Judges so unconstitutionally appointed
while holding offices as Judges of High Courts shall revert
back as Judges of the respective High Courts.
Likewise, Judges who were District and Sessions Judges shall
revert back as District and Session Judge ".
7. CONFIRMED JUDGES WHO TOOK OATH ON PCO AND THEIR JUDGMENTS
AND ORDERS.
a) " The Judges who stood appointed to the said offices
prior to 3-11-2007 but who made oath or took oath of their
respective offices in disobedience to the order passed by
a Seven Member Bench, shall be proceeded against under Article
209 ".
b) " Any Judgment delivered or orders made or any decrees
passed by any Bench which comprised of or which included the
afore-described Judges protected on the principle laid down
in MALIK ASAD ALI CASE (PLD 1998 SC 161) ".
8. THE ISLAMABAD HIGH COURT AND ITS JUDGES
a) " The said Islamabad High Court shall cease to exist
forthwith. All judicial matters pending before the said High
Court shall revert/stand transferred to the courts which had
jurisdiction ".
b) " The Judges of the said Court shall, as a consequence
thereof, cease to be Judges except such Judges or the Chief
Justice of the said court, who were Judges of some other High
Court who shall revert ".
9. FEDERAL AND PROVINCIAL ORDINANCES PROMULAGATED BEFORE
3RD NOVEMBER, 2007.
" The Ordinances promulgated by the President or a Governor
of a Province before 3-11-2007 which were given permanence
by Provisional Constitution Order stand shorn of their purported
permanence on account of our afore-mentioned declarations.
Since it is today that this court has attributed invalidity
to the said legislative instruments, therefore, the period
of 120 days and 90 days mentioned respectively in the said
Article 89 and the said Article 128 of the Constitution, would
be deemed to commence to run from today ".
10. NUMBER OF JUDGES OF SUPREME COURT
" Since Article 176, authorizes only the Parliament
to determine the number of Judges of the Supreme Court, (and
not National Assembly by passage of Finance Bill) the number
of Judges of the Supreme Court for purposes of the said Article
176 shall continue to remain sixteen ".
11. THE CODE OF CONDUCT OF SUPERIOR COURT JUDGES
" In the Code of Conduct prescribed for the Judges of
the Superior Courts, a new clause shall be added commanding
that no such Judge shall hereinafter, offer any support in
whatever manner to any unconstitutional functionary who acquires
power otherwise than through the modes envisaged by the Constitution
and that any violation of the said clause would be deemed
to be misconduct in terms of the said Article 209 ".
12. MR. JUSTICES ABDUR RASHID KALWAR AND ZAFAR AHMED KHAN
SHERWANI.
" The notification dated 26-8-2008 and the notification
dated 15-9-2008 extending the term of office of Mr. Justice
Abdur Rashid Kalwar and of Mr. Justice Zafar Ahmed Khan Sherwani
as Additional Judges of the High Court of Sindh are declared
to be unconstitutional and of no legal effect ".
13. GENERAL ELECTION OF FEBRUARY, 2008 AND GOVERNMENT FORMED
THERE AFTER.
a) " The Court acknowledges and respects the mandate
given by the sovereign authority i.e. electorate to the democratically
elected Government on 18th February, 2008 ".
b) " Any declaration made in this judgment shall not
in any manner affect the General Elections held and the Government
formed as a result thereof i.e. the President, the Prime Minister,
the Parliament, the Provincial Government, any thing done
by these institutions in the discharge of their functions.
These acts are fully protected in terms of the age old of
principle of Salus Populi Est Supreme Lex reflected in PLD
1972 SC 139 ".
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