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No. 2-2/2000-Min. I.-WHEREAS in pursuance
of the Proclamation of Emergency of the fourteenth day of
October, 1999, and the Provisional Constitution Order No.
1 of 1999, as amended, the Constitution of the Islamic Republic
of Pakistan has been held in abeyance;
WHEREAS Pakistan is to be governed, as nearly
as may be, in accordance with the Constitution and the Chief
Executive has and shall be deemed always to have had, the
power to amend the Constitution;
WHEREAS all Courts in existence immediately
before the commencement of this Order have been continued
to function and to exercise their respective powers and jurisdiction;
subject to the Proclamation of Emergency and Provisional Constitution
Order No. 1 of 1999 as amended.
AND WHEREAS to enable the judges of the Superior
Courts to discharge their functions, it is necessary that
they take Oath of their office;
NOW, THEREFORE, in pursuance of the aforesaid
Proclamation and Provisional Constitution Order as amended
and in exercise of all other powers enabling him in that behalf,
the Chief Executive is pleased to make and promulgate the
following Order :
1. Short title and commencement.-This Order
may be called the Oath of Office (Judges) Order, 2000.
(2) It shall come into force at once.
2. Interpretation.-In this Order, "Superior
Court" means the Supreme Court of Pakistan or a High
Court or the Federal Shariat Court and "Judge" includes
Chief Justice.
3. Oath of Judges.-(1) A person holding office
immediately before the commencement of this Order as a judge
of Superior Court shall not continue to hold that office if
he is not given, or does not make, Oath in the form set out
in the Schedule, before the expiration of such time from such
commencement as the Chief Executive may determine or within
such further time as may be allowed by the Chief Executive.
(2) A judge of Superior Court appointed after
the commencement of this order shall, before entering upon
office, make Oath in the form set out in the Schedule.
(3) A person referred to in clauses (1) and
(2) who has made oath as required by these clauses shall be
bound by the provisions of this Order, the Proclamation of
Emergency of the fourteenth day of October, 1999 and the Provisional
Constitution Order No. 1 of 1999 as amended and, notwithstanding
any judgement of any court, shall not call in question or
permit to be called in question the validity of any of the
provisions thereof.
(4) A judge of Supreme Court or Federal Shariat
Court shall make the oath before the President/Chief Executive
or a person nominated by him and a judge of High Court shall
make the oath before the Governor or a person nominated by
him.
4. The Chief Executive may, for the purpose
of removing any difficulties, or for bringing the provisions
of this Order into effective operation, make such provisions
as he may deem to be necessary or expedient.
5. The Oath of Office (Judges) Order No. 10
of 1999 is hereby repealed.
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