Law:

Section:

(Application under Order XXXIII, Rule 6 of the Supreme Court Rules, 1980) Provisional Constitution Order (1 of 2007)--- ----Arts. 2 & 3---Proclamation of Emergency dated 3-11-2007, paras. 2 & 3---Oath of Office (Judges) Order, 2007, Preamble---Supreme Court Rules, 1980, O.XXXIII, R.6 & O.XXIX---Civil Procedure Code (V of 1908), O.XXVII-A---Application under O.XXXIII, R.6, Supreme Court Rules, 1980---Attorney General with reference to a news item published in some of the newspapers, had contended that after the Proclamation of Emergency of 3-11-2007, the Provisional Constitution Order, 2007 and Oath of Office (Judges) Order, 2007, seven former Judges of the Supreme Court, including former Chief Justice, gathered in the evening and purportedly passed an order (concerning Provisional Constitution Order, 2007, Proclamation of Emergency dated 3-11-2007 and Oath of Office (Judges) Order, 2007) when the Judges of the Superior Courts had already ceased to function and exercise judicial powers; that unless a law was finally declared as ultra vires for any reasons, the same would continue to have its normal operation, therefore, the action taken in pursuance of Proclamation of Emergency read with Provisional Constitution Order, 2007 and Oath of Office (Judges) Order, 2007 was valid and not questionable and that since the order in question was passed without giving any notice or providing any opportunity of hearing to the Federation of Pakistan in utter disregard to the principles of natural justice, therefore, the same was otherwise not a legal order---Validity---Held, said order was invalid as the same was passed after Proclamation of Emergency of 3-11-2007 read with Provisional Constitution Order, 2007, promulgated by the Chief of Army Staff and Oath of Office (Judges) Order, 2007 issued by the President of Pakistan---Constitution having been held in abeyance by virtue of paragraphs 2 & 3 of the Proclamation of Emergency dated 3-11-2007 therefore, without first taking oath under Oath of Office (Judges) Order, 2007, the Judges of the Supreme Court and other superior Courts could not perform their functions---Judges of the Supreme Court, the Federal…

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