ISLAMABAD: A 14-member larger bench of the Supreme Court (SC) of Pakistan has been constituted to hear the review petition filed by the former President General (retd) Pervez Musharraf against the apex court orders issued in PCO judges case on 31st July 2007 while the hearing would be initiated on January 28.
The bench comprises of the Chief Justice Tassaduq Hussain Jillani, Justice Nasir-ul-Mulk, Justice Jawwad S Khawaja, Justice Anwar Zaheer Jamali, Justice Khilji Arif Hussain, Justice Mian Saqib Nisar, Justice Asif Saeed Khan Khosa, Justice Sarmad Jalal Osmany, Justice Amir Hani Muslim, Justice Ijaz Ahmed Chaudhry, Justice Gulzar Ahmed, Justice Sh.Azmat Saeed, Justice Iqbal Hameedur Rahman and Justice Mushir Alam.
Former President has filed review petition through a panel of the lawyers comprising Dr. Khalid Ranjha, Syed Sharifuddin Pirzada, Sahibzada Ahmad Raza Khan Qasuri, Raja Muhammad Ibrahim Satti and Rana Ijaz Ahmed Khan.
It is worth mentioning here that the apex court issued order on 03 July 2009 in PCO judges’ case and stated that the judgment purported to have been delivered in Constitutional Petitions bearing No: 87 and 88 of 2007 in the case titled as Tika Iqbal Muhammad Khan VS. General Pervez Musharraf and any other judgment/judgments passed are hereby declared to be void ab initio.
The Proclamation of Emergency issued by General Pervez Musharraf as the Chief of Army Staff (as he then was) on November 3, 2007; the Provisional Constitution Order No.1 of 2007 issued by him on the same date in his said capacity; the Oath of Office (Judges) Order of 2007 issued by him also on the same date though as the President of Pakistan but in exercise of powers under the aforesaid Proclamation of Emergency and the Provisional Constitution Order No.1 of 2007; The Provisional Constitution (Amendment) Order, 2007 issued by him likewise on 15.11.2007; the Constitution (Amendment) Order, 2007 being President’s Order No.5 of 2007 issued on November 20, 2007; the Constitution (Second Amendment) Order, 2007 being the President’s Order No.6 of 2007 issued on 14th December, 2007; the Islamabad High Court (Establishment) Order 2007 dated 14th December 2007 being the President’s Order No.7 of 2007; the High Court Judges (Pensionary Benefits) Order, 2007 being Presidents Order No.8 of 2007; the Supreme Court Judges (Pensionary Benefits) Order, 2007 being President’s Order No.9 of 2007 dated 14th December, 2007 are hereby declared to be unconstitutional, ultra-vires of the Constitution and consequently being illegal and of no legal effect.
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