Law:

Section:

(a) Constitution of Pakistan--- ----Art. 204---Contempt of court---Disobedience of restraint order passed by seven-Member Bench of Supreme Court dated 3-11-2007 by members of Superior Judiciary by taking oath under Provisional Constitution Order, 2007 and Oath of Office (Judges) Order, 2007---Judges, whether they were in Supreme Court or in the High Court, who violated the order passed by seven-Member Bench of Supreme Court dated 3-11-2007 had all rendered themselves liable for consequences under the Constitution for their disobedience of said order---Article 204 of the Constitution dealt with the cases where a person had violated an order passed by Supreme Court, therefore, notices under Art.204 of the Constitution read with relevant provisions of contempt of court laws were issued to all those Judges who were appointed between 3-11-2007 and 15-12-2007 and made oath in violation of the said Supreme Court Judgment dated 3-11-2007. Malik Feroze Khan Noon v. The State PLD 1958 SC 333), Jamal Shah v. Election Commission PLD 1966 SC 1; State of Rajasthan v. Prakash Chand AIR 1998 SC 1344; Hayat Mahomed v. Shaikh Mannu AIR 1927 Cal. 290 and Ramadhin v. Emperor AIR 1927 Oudh 59 distinguished. (b) Constitution of Pakistan--- ----Arts. 243, 244 & 245---Armed Forces---Upholding the Constitution, as per the oath of the members of the Armed Forces, casts a duty upon them that they will not engage themselves in any political activities, whatsoever it may be---Likewise, under Article 245(1) of the Constitution, the Armed Forces of Pakistan are bound to remain under the direction of Federal Government to defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so---Non adherence to the constitutional provisions prima facie tends to establish denying the oath to uphold the Constitution---Superior Courts have no jurisdiction to legitimize unconstitutional acts, actions, omissions and commissions of any functionary who had acted contrary to the constitutional provisions. Superior Courts had no jurisdiction to legitimize unconstitutional acts, actions, omissions and commissions of any functionary who…

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