Law:

Section:

Constitution of Pakistan (1973)----Art. 184(3)---Constitutional petition under Art.184(3) of the Constitution before Supreme Court---Contentions of the petitioners were that Judges of the High Court were illegally directed to cease to hold office in pursuance of the Proclamation of Emergency of 3rd November, 2007, which was it correctly validated by a 7 Member Bench of Supreme Court in the case of Tikka Iqbal Muhammad Khan v. General Pervez Musharraf PLD 2008 SC 178 holding. inter alia, that the Judges who had not taken oath under the Provisional Constitution Order, 2007 had ceased to hold office; that said was per incuriam in view of the 12 Member Bench in the case of Zafar Ali Shah v. Pervez Musharraf, Chief Executive of Pakistan PLD 2000 SC 869 wherein it was held in unambiguous terms that after the pronouncement of this , no Judge of a Superior Court could be removed except by following the procedure laid down in Article 209 of the Constitution; that in the case of Tikka Iqbal Muhammad Khan, the in tyre case of Zafar Ali Shah was not examined in the correct perspective, therefore, the of the 12 Judges would prevail; that the said Judges were reappointed for a period of one year vide Notification dated 26-8-2008, which, in effect, was the revival of their original appointment as they were given the seniority position prevailing on 2nd November, 2007 and later on vide Notification, dated 15-9-2008 the period of their appointment as Additional Judges of the High Court was extended for six months with effect from the date when their present term expired, thus, this period of six months would be added to the earlier period of appointment as Additional Judges, which was to expire on 25-8-2009 and for all intents and purposes they would be entitled to continue their service as Additional Judges up to 25-2-2010; that although the Chief Justice, High Court of Sindh earlier misunderstood and misinterpreted the Notifications dated 26-8-2008 and 15-9-2008, but on a representation made by the Judges corrected the error and assigned them Court work; that subsequently, the Ministry of Law as well as the then incumbent of the office of Chief Justice of Pakistan, through…

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