SC validates emergency rule
By Saad Saud

ISLAMABAD—Supreme Court (SC) pronouncing detailed judgment on set of petitions against imposition of emergency has validated November 3 steps and ruled that judiciary transgressed its powers before November, 3 and interfered in the affairs of state institutions.
The detailed verdict was delivered by 8 members full court of Supreme Court here Thursday, which was presided over by chief justice Abdul Hamid Dogar. The decision contained 110 pages. The other members of bench were justice Ejaz ul Hassan, Justice Muhammad Qaim Khan , justice Muhammad Moosa Leghari, Justice Chaudhry Ejaz Yousuf, justice Akhtar Shabbir and justice Zia Pervez.
Tikka Muhammad Iqbal Khan and Barrister Zafar Ullah Khan had filed petitions in apex court challenging the imposition of emergency and PCO. The SC had earlier rejected the petitions validating such steps and it has now pronounced detailed verdict. The SC said steps taken by the president on November 3 were just and valid as the judiciary overstepped its powers and interfered in the affairs of state institutions.
The decision said the law and orders situation had gone out of control which had made imposition of emergency inevitable. The army chief was authorized to promulgate PCO and the judges who did not take oath under PCO no more remained judges. Proclamation of emergency and PCO, was in the national interest and all steps including PCO taken during the emergency can not be challenged in any court.
The Supreme Court of Pakistan on Thursday issued a detailed judgement declaring the November 3 Proclamation of Emergency, Provisional Constitution Order and follow-up actions justified and saying that cases of deposed judges could not be re-opened.Chief Justice Abdul Hameed Dogar has written the unanimous judgement, giving detailed reasons for the short order passed on November 23, 2007 in the two identical petitions filed by Tikka Iqbal Mohammad Khan and Watan Party, challenging the extra-constitutional measures. In this short order, the Supreme Court validated the proclamation of emergency and follow-up actions.
The judgement made it clear that chief justices and judges of the Supreme Court of Pakistan, Federal Shariat Court and the High Courts, who have not taken oath under the PCO till the announcement of short order, have ceased to hold their offices on November 3, 2007. Their cases can not be reopened being hit by the “Doctrine of past and closed transaction,”it said.
Unfortunately, some members of the superior judiciary by way of judicial activism transgressed the constitutional limits and ignored the well-entrenched principle of judicial restraint, it said. “The extra-constitutional steps of Proclamation of Emergency of the 3rd day of November, 2007, the Provisional Constitution Order No.1 of 2007, the Provisional Constitution (Amendment) Order, 2007, the Oath of Office (Judges) Order, 2007 and the President’s Order No.5 of 2007 are hereby declared to have been validly made by the Chief of Army Staff/President subject to the condition that the country shall be governed, as nearly as may be, in accordance with the Constitution,” the judgment says.
The judgement said all acts and actions taken for the orderly running of the State and for the advancement and good of the people are also validated. In the short order, the court allowed General Pervez Musharraf, in larger public interest, to undertake all acts or legislative measures which are in accordance with, or could have been made under the 1973 Constitution, including the power to amend it.