SC strikes down anti-PCO order
Staff Report

ISLAMABAD—An 8-member full court of Supreme Court (SC) has set aside decision given by 7 former judges of apex court against imposition of state of emergency. The bench was headed by Chief Justice of Pakistan (CJP) Abdul Hamid Dogar who had taken oath under Provisional Constitutional Order (PCO).
Government had filed an application praying the SC to declare illegal the verdict given by 7-member bench of SC led by deposed chief justice of Pakistan Iftikhar Muhammad Chaudhry against slapping of emergency.
The 8-memebr bench said in a short order that PCO had been implemented when 7-member bench of SC presided over by former CJP Iftikhar Muhammad Chaudhry had delivered verdict against imposition of emergency. These judges were not authorized to give any decision against proclamation of emergency, short order further said. Therefore, 7-member bench decision be considered as if it had not been given, SC remarked.
Judges picked by President Pervez Musharraf to replace a mostly hostile Supreme Court bench began reversing predecessors’ decisions on Tuesday by striking down an order declaring the imposition of emergency rule illegal. The order was the last one given by chief justice Iftikhar Chaudhry and six other Supreme Court judges before they were dismissed on Saturday following the declaration of emergency rule and suspension of the constitution.
“It would be deemed as if it had not taken place,” said a court official quoting newly-appointed Chief Justice Abdul Hamid Dogar, the head of an eight-member bench. Dogar said judges who issued the order had already lost their authority after failing to take a fresh oath of office following promulgation of a provisional constitutional order (PCO).
A priority for General Musharraf is a decision from the Supreme Court to strike down challenges against his re-election by parliament last month. The timing of elections, which had been expected in January, and his decision to step down as army chief and become a civilian leader is likely to rest on this, officials said. The Supreme Court had already stopped him from declaring victory in the Oct. 6 election until it finished hearing the challenges. Most people believe the emergency was invoked to stop a possible decision against Musharraf by the court. Chaudhry and other judges are being held incommunicado at their residences, though the former chief justice still managed to get out a message by mobile phone to a lawyers’ movement that has led protests for the past two days.
“The constitution has been ripped to shreds,” Chaudhry said. “The lawyers should convey my message to the people to rise up and restore the constitution. This is a time for sacrifices. I am under arrest now, but soon I will also join you in your struggle,” he said. Chaudhry became a symbol of resistance to Musharraf when he defied the president’s attempt to oust him last March, and was reinstated by the court in July after being suspended. Hundreds of lawyers have been detained, along with opposition workers, some political leaders and civil rights activists. After dismissing judges who were too difficult to handle, Musharraf has been filling the Supreme Court benches with more amenable judges. Four more were sworn on Tuesday, taking the total to 9 — well short of the original strength of 17.