Justice Hameed Doggar sworn in as new CJP
—Split in top judges over oath under PCO
By Saad Saud

ISLAMABAD—Justice Abdul Hameed Doggar has sworn in as Chief Justice of Pakistan (CJP), official television said.
The oath taking ceremony was held at the President House. President Gen. Pervez Musharraf administered the oath. Top military and civil officials attended the oath taking ceremony. The government earlier imposed emergency in the country, set aside the constitution and announced Provisional Constitutional Order (PCO).
Justice Iftikhar Muhammad Chaudhry has also been removed from the office of Chief Justice of Pakistan. The seven-member bench of the Supreme Court has rejected the imposition of the PCO. The emergency bench consists of chief justice Iftikhar Muhammad Chaudhry, Justice Javed Iqbal, Justice Rana Bhagwandas, Justice Mir Shakirullah Jan, Justice Nasir-ul-Mulk, Justice Raja Fayyaz Ahmed and Justice Ghulam Rasani. The SC bench has given verdict that the emergency cannot be imposed and the PCO cannot be issued. It has also been said in the decision that no judge and chief justice of the Supreme Court and High Courts can take oath under the new PCO.
Under this decision, all corps commanders, chief of army staff and all civil and military officials have been bound that they would not abide by any order of the government which go against the constitution or the law. The prime minister and the president have been made parties in the decision. The chief justice and all members of the bench are present in the building of the Supreme Court while the chief justice called the IG Islamabad in connection with cordoning off the Supreme Court building and stop the media from entering the building but he did not appear.
The bench said that it would make every such decision which would be in accordance with the law and the constitution and nobody would be allowed to break the law. The seven-member bench of the Supreme Court refused the imposition of Provisional Constitutional Order (PCO) by giving an emergency verdict. This application was filed in court on 2nd Nov 2007 praying for respondent government may change composition of bench by adopting extra constitutional measures which could mean either by placing marshal law or be in PCO or by imposing emergency.
Application could not be taken up as it was not numbered however now it has been marked to bench in the mean time the electronic and print media news appeared that the PCO is common gated to enable government to administer fresh oath to the chief justice as well as the judges of the supreme court to that favorable judges could be appointed. Be that as it may. It feel that govt has no ground/ reason to take an extra constitutional steps particularly for the reasons being published in the newspapers that high profile cases the cases pending and is not likely to be decided in favor of government although matter still pending therefore special bench has been constituted and on considering passing situation in news which have published in news papers we direct as follows.
Government of Pakistan that is president and prime minister of Pakistan are restraint from undertaking any such action which is contrary to independence of judiciary. No judge of the supreme court or the high courts including chief justices shall take oath under PCO or any other extra constitutional steps.