ISLAMABAD: President General Pervez Musharraf on Saturday proclaimed emergency, suspending the constitution attributing it to increased activities of extremists and terrorists and interference by “some” members of judiciary in executive and legislature.
Under the Provisional Constitution Order No 1 of 2007 the National Assembly, Senate, the provincial assemblies of Punjab, Sindh and Balochistan will remain functional, alongwith Prime Minister and his cabinet, Chief Ministers and provincial cabinets and the governors. Following the two-page Proclamation of Emergency and the three-page Provisional Constitution Order issued by the Cabinet Division Saturday night, the judges of Supreme Court, Federal Shariat Court and the High Court were subjected to the Oath of Office (Judges) Order 2007.
“No court including the Supreme Court, the Federal Shariat Court, and the High Courts, and any tribunal or other authority shall call or permit to be called in question this Order, the Proclamation of Emergency of the 3rd day of November, 2007, the Oath of Office
(Judges) Order, 2007 or any Order made in pursuance thereof,” the PCO stated.
The PCO further points that; “No judgment, decree, writ, order or process whatsoever shall be made or issued by any court or tribunal against the President or the Prime Minister or any authority designated by the President.”
President General Pervez Musharraf administered oath to Justice Abdul Hameed Dogar as Chief Justice of Pakistan at the Aiwan-e-Sadr. Prime Minister Shaukat Aziz, members of the cabinet and federal secretaries attended the ceremony.

Justice Nawaz Abbasi, Justice Faqir Muhammad hokhar and Justice M Javed Buttar took oath as the judges of the Supreme Court under the Provisional constitutional Order (PCO).
Similarly Chief Justice Aman Ullah Yaseen Zai took oath under the PCO for Balochistan High Court, Justice Talat Qayyum Qureshi for Peshawar High Court and Justice Mohammad Afzal Soomro for Sindh High Court and Justice Iftikhar Hussain Chaudrhy for Lahore High Court.
The Proclamation of Emergency order released this evening by the orders of Chief of Army Staff General Pervez Musharraf followed a meeting with the Prime Minister, Governors of four provinces, Chairman Joint Chiefs of Staff Committee, Chiefs of the armed forces, Vice Chief of Army Staff and Corps Commanders.
The proclamation blames the banding of some militant groups took terrorist activities to an unprecedented level of “violent intensity” posing a grave threat to the life and property of the citizens of Pakistan.
The order says that emergency has been imposed in the wake of suicide bombings, explosions of Improvised Explosive Devices, rocket firing and bomb explosions, besides a spate of attacks on State infrastructure and on law enforcement agencies.
The order said “some members of the judiciary are working at cross purposes with the executive and legislature in the fight against terrorism and extremism thereby weakening the government and the nation’s resolve and diluting the efficacy of its actions to control this menace.”
“… There has been increasing interference by some members of the judiciary in government policy, adversely affecting economic growth, in particular,” the order said.
The proclamation attributed constant interference in executive functions that was not limited to the control of terrorist activity, economic policy, price controls, downsizing of corporations and urban planning, has weakened the writ of the government.
“The police force has been completely demoralized and is fast losing its efficacy to fight terrorism and intelligence agencies have been thwarted in their activities and prevented from pursuing terrorists.”
Some hardcore militants, extremists, terrorists and suicide bombers, who were arrested and being investigated were ordered to be released.      ”The persons so released
have subsequently been involved in heinous terrorist activities, resulting in loss of human life and property. Militants across the country have, thus, been encouraged while law enforcement agencies subdued,” according to the order.
“Some judges have overstepped the limits of judicial authority and took over the executive and legislative functions,” the order pointed.
The order said the government was committed to the independence of the judiciary and the rule of law and stated that it holds the superior judiciary in high esteem.
“It is nonetheless of paramount importance that the Honourable Judges confine the scope of their activity to the judicial function and not assume charge of administration,” the order stated.
The order said Supreme Judicial Council has been made entirely irrelevant and “non est” (non-existent) by a recent order and judges have made themselves immune from inquiry into their conduct and put themselves beyond accountability.
The Emergency Proclamation pointed to the humiliating treatment meted to government officials by some members of the judiciary on a routine basis during court proceedings and said it has demoralized the civil bureaucracy and senior government functionaries, to avoid being harassed, prefer inaction.
The order also pointed at the law and order situation in the country and said the economy has been adversely affected and trichotomy of powers eroded.

“A situation has thus arisen where the Government of the country cannot be carried on in accordance with the Constitution and as the Constitution provides no solution for this situation, there is no way out except through emergent and extraordinary measures.
“Now, therefore, in pursuance of the deliberations and decisions of the said meetings, I
General Pervez Musharraf, Chief of the Army Staff, proclaim Emergency throughout Pakistan.”

“I hereby order and proclaim that the Constitution of the Islamic Republic of Pakistan shall remain in abeyance,” the order stated.

Under the PCO all provisions of the Constitution embodying Islamic injunctions including Articles 2, 2A, 31, 2O3A, 227 to 231 and 260 (3) (a) and (b) shall continue to be in force.
The PCO states that notwithstanding the abeyance of the provisions of the Constitution, but subject to the Orders of the President, all laws other than the Constitution, all Ordinances, Orders, Rules, Bye-laws, Regulations, Notifications and other legal instruments in force in any part of Pakistan, whether made by the President or the Governor of a Province, shall continue in force until altered, or repealed by the President or any authority designated by him.
The order stated that an Ordinance promulgated by the President or by the Governor of a Province shall not be subject to any limitations as to duration prescribed in the Constitution.