On the fateful day on 3rd November when General Pervaiz Musharraf proclaimed Martial Law on Pakistan the then sitting bench of the Supreme Court was quick to issue a court order denouncing the extra-constitutional steps taken by Musharraf. The warned that these measures were taken in light of a high profile case that would have most likely have gone against he Government [motive]. In this order the President of Pakistan was prevented from taking any steps to undermine the independence of the judiciary. The order categorically prevented judges of the Supreme Courts and the Provincial High Courts from taking oath under the new PCO, and it also instructed all government officials to restrain from storming the Supreme Court and removing the sitting Bench in any manner. The order dated 3rd November categorically pronounced that any judges who took oath under this new PCO shall be unlawful and without jurisdiction. The seven member bench was headed by Chief Justice Iftikhar Mohammad Chaudhry, Justice Rana Bhagwandas, Justice Javed Iqbal, Justice Mian Shakirullah Jan, Justice Nasirul Mulk, Justice Raja Fayyaz and Justice Ghulam Rabbani.
I am told that the government tried its best to tear apart this order with only a few having survived the brutality and a scanned copy is produced here. It was their attempt to make sure this remained under wraps to the extent the Registrar was on record on the 4th of Nov to have said
DAWN 3rd Nov – No order against PCO: SC registrar, The acting registrar has claimed that the Supreme Court did not overturn the Provisional Constitutional Order (PCO). “It is released for the information of all concerned that the rumour being spread that the Supreme Court has passed any order against the PCO is incorrect. “The Supreme Court has not passed any such order, a press release issued by the newly-appointed Acting Registrar of the Supreme Court Miss Saara Saeed said.
Then on the 5th of November the newly appointed bench (deemed unlawful by a preexisting supreme court order) over turned this order and nullified its contents. The logic must be analyses that if they new judges were deemed unlawful how could the assume office to over rule on this matter, I must accept that I may not be a lawyer by any means and open the discussion on the validity of such a move
DAWN Nov 6th: Order against PCO reversed, An eight-member Supreme Court bench headed by newly installed Chief Justice Abdul Hameed Dogar on Tuesday overruled a seven-judge decision that had struck down the Provisional Constitutional Order (PCO) soon after its proclamation and declared that the earlier order should not be deemed to have been passed. “The order is set aside and declared void, quorum non judice (without jurisdiction) and passed without lawful authority, the court held. The bench comprised Justice Mohammad Nawaz Abbasi, Justice Faqir Mohammad Khokhar, Justice M. Javed Buttar, Justice Ijazul Hassan, Justice Mohammad Qaim Jan Khan, Justice Mohammad Moosa K. Leghari and Justice Chaudhry Ijaz Yousaf.