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In pursuance of the Proclamation of the 3rd
day of November, 2007, and in the exercise that behalf, the
Chief of Army Staff, under the Proclamation of Emergency of
the 3rd day of November, 2007, is pleased to make and promulgate
the following Order :
(1) This Order may be called the Provisional Constitution
Order No 1 of 2007.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
2(1) Notwithstanding the abeyance of the provisions of the
Constitution of the Islamic Republic of Pakistan, hereinafter
referred to as the Constitution, Pakistan shall, subject to
this Order and any other Order made by the President, be governed,
as nearly as may be, in accordance with the Constitution.
Provided that the President may, from time to time, by Order
amend the Constitution, as is deemed expedient :
Provided further that Fundamental Rights, under Articles
9, 10, 15, 16, 17, 19 and 25, shall remain suspended.
(2) Notwithstanding anything contained in the Proclamation
of the 3rd day of November, 2007, or this Order or any other
law for the time being in force, all provisions of the Constitution
of the Islamic Republic of Pakistan embodying Islamic injunctions
including Articles 2, 2A, 31, 203A, 227 to 231 and 260(3)(a)
and (b) shall continue to be in force.
(3) Subject to clause (1) above and the Oath of Office (Judges)
Order, 2007, all courts in existence immediately before the
commencement of this Order shall continue to function and
to exercise their respective powers and jurisdiction :
Provided that the Supreme Court or a High Court and any
other court shall not have the power to make any order against
the President or the Prime Minister or any person exercising
powers or jurisdiction under their authority.
(4) All persons who immediately before the commencement of
this Order were in office as judges of the Supreme Court,
the Federal Shariat Court or a High Court, shall be governed
by and be subject to the Oath of Office (Judges) Order, 2007,
and such further Orders as the further Orders as the President
may pass.
(5) Subject to clause (1) above, the Majlis-e-Shoora (Parliament)
and the Provincial Assemblies shall continue to functions.
(6) All persons who, immediately before the commencement
of this Order, were holding any service, post or office in
connection with the affairs of the federation or of a province,
including an All Pakistan Service, service in the armed forces
and any other service declared to be a service of Pakistan
by or under Act of Majlis-e-Shoora (Parliament) or Chief Election
Commissioner or Auditor General, shall continue in the said
service on the same terms and conditions and shall enjoy the
same privileges, if any, unless these are changed under Orders
of the President.
3(1) No court, including the Supreme Court, the Federal Shariat
Court, and the High Courts, and any tribunal or other authority,
shall call or permit to be called in question this Order,
the Proclamation of Emergency of the 3rd day of November,
2007, the Oath of Office (Judges) Order, 2007, or any Order
made in pursuance thereof.
(2) No judgment, decree, writ order or process whatsoever
shall be made or issued by any court or tribunal against the
President or the Prime Minister or any authority designated
by the President.
4(1) Notwithstanding the abeyance of the provisions of the
Constitution, but subject to the Orders of the President,
all laws other than the Constitution, all ordinances, orders,
rules, bye-laws, regulations, notifications and other legal
instruments in force in any part of Pakistan, whether made
by the President or the governor of a province, shall continue
in force until altered, or repealed by the President or any
authority designated by him.
5(1) Any ordinance promulgated by the President or by the
governor or a province shall not be subject to any limitations
as to duration prescribed in the Constitution.
(2) The provisions of clause (1) shall also apply to an ordinance
issued b the President or by a governor which was in force
immediately before the commencement of the Proclamation of
Emergency of the 3rd day of November, 2007.
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