Law:

Section:

(a) Proclamation of Emergency, dated 3-11-2007--- ---Provisional Constitution Order (1 of 2007), Preamble---Oath of Office (Judges) Order, 2007, Preamble---Constitution of Pakistan (1973), Art. 184(3)---Constitutional petition under Art. 184(3) of the Constitution---Maintainability---Vires of Proclamation of Emergency, dated 3-11-2007; Provisional Constitution Order, 2007 and Oath of Office (Judges) Order, 2007---Held, Supreme Court is competent to examine the vires of the Proclamation of Emergency, dated 3-11-2007; Provisional Constitution Order, 2007 and Oath of Office (Judges) Order, 2007 until these measures are protected by making an amendment in the Constitution---Petitions under Art.184(3) of the Constitution are, therefore, maintainable. Zafar Ali Shah v. Pervez Musharraf, Chief Executive of Pakistan PLD 2000 SC 869 reaffirmed. (b) Proclamation of Emergency, dated 3-11-2007--- ---Objects and reasons---Proclamation of Emergency, dated 3-11-2007 cannot be seen in isolation but has to be examined in the context of the historical process of the country. The Proclamation of Emergency is essentially founded on two main grounds, viz., the security situation prevalent in the country and the erosion of trichotomy of powers in consequence of increased interference in the Government policies by some former Judges of the superior Courts, particularly the former Chief Justice of Pakistan, which adversely affected the economic growth and the law and order situation in the country. By letter of 3rd November, 2007, on the subject of "national security situation", the Prime Minister apprised the President of Pakistan as to the magnitude of extremism, militancy and terrorism, which were going on in the country and the widespread perception of overstepping the limits of judicial authority and taking over of executive functions. Along with the letter, the Prime Minister enclosed details of law and order incidents during the period from April to October, 2007 posing grave threat to internal security of the country. The Proclamation of Emergency of 3rd November, 2007 cannot be seen in isolation, but has to be examined in the context of the historical process of the country.…

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