SC validates PCO, emergency rule
EC asked to notify President’s election
Staff Report/Agencies

ISLAMABAD—Supreme Court (SC) has validated imposition of emergency rule and Provisional Constitutional Order (PCO) by rejecting all the constitutional petitions filed against them.
A 7-member bench of SC headed by Chief Justice of Pakistan (CJP) Abdul Hameed Dogar heard the constitutional petitions filed by Iqbal Tikka Khan and Barrister Zafar Ullah challenging the promulgation of emergency rule and PCO.
The SC while rejecting the petitions said in its verdict the administration had been crippled due to attitude of some members of judiciary ahead of proclamation of emergency rule, therefore, imposition of emergency order had become inevitable. All the three pillars of the state were not functioning within their parameters. Some members of judiciary started taking suo motu notice of petty matters like prices of flour, sugar and vegetables. These members abused the article 184(3) of the constitution and they had adopted ultra constitutional attitude.
The verdict further said terrorism and suicide attacks had led to deterioration in law and order situation. The welcome procession of Benazir Bhutto was attacked in Karachi and several people were killed there. State within state had been set up. The constitution had become redundant, as some members of judiciary had overstepped constitutional limitations. Ultra constitutional steps had become imperative in these circumstances. However judiciary will continue to retain its right to review the situation at any time.
The decision said November, 3 emergency order was like that of emergency rule proclaimed in 1977 and 1999. The fundamental rights will continue to remain suspended. It was further laid down in the decision the judges of supreme and high courts who did not take oath under PCO remained no more judges now. Their removal cannot be challenged in any court. Through the decision government had been asked to restore the constitution as soon as the situation returns to normalcy. All the steps taken by the army chief and president following the proclamation of emergency and PCO had been validated in the verdict. Welcoming the verdict the Attorney General (AG) Malik Qayyum said the court had given the decision taking into consideration the ground realities.
Earlier 10-member bench was constituted to hear the constitutional petitions filed against the imposition of emergency and PCO but three judges including justice Faqir Hussain Khokhar, justice Nawaz Abbasi and justice Javed Buttar had opted out of the bench. Therefore, 7 members bench larger bench was later constituted. The Supreme Court has summoned Election Commission of Pakistan to issue formal notification of the success of President Gen Pervez Musharraf in Presidential elections held on Oct 6.
While talking to a private-run TV channel, Attorney General of Pakistan Justice Retd Malik Muhammad Qayyum told that the Apex court, in its final verdict, rejected the all filed petitions challenging the eligibility of President Musharraf for another term.
The Apex Court, in its detailed decision, asked President to doff the uniform and took oath as civilian president prior to Dec 1.