2007 Pakistani state of emergency

[3] The state of emergency and its responses are generally attributed to the controversies surrounding the re-election of Musharraf during the presidential election on 6 October 2007, including his holding of both offices of President and Chief of Army Staff at the time.

Chief Justice of Pakistan Iftikhar Muhammad Chaudhry reacted promptly to the emergency declaration, convening a seven-member bench which issued an interim order against this action.

At the beginning of the emergency, Information Minister Tariq Azim Khan said on television that the general election could be delayed many months and perhaps up to a year.

[17] Prior to the emergency declaration, Attorney General Malik Qayyum, representing Musharraf, had assured the court that there was no planned move by the government to impose martial law.

[20][21] Following is the text of the Proclamation of Emergency declared by Chief of the Army Staff Gen Pervez Musharraf:[22] WHEREAS there is visible ascendancy in the activities of extremists and incidents of terrorist attacks, including suicide bombings, IED explosions, rocket firing and bomb explosions and the banding together of some militant groups have taken such activities to an unprecedented level of violent intensity posing a grave threat to the life and property of the citizens of Pakistan; WHEREAS there has also been a spate of attacks on state infrastructure and on law-enforcement agencies; WHEREAS 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; WHEREAS there has been increasing interference by some members of the judiciary in government policy, adversely affecting economic growth, in particular; WHEREAS constant interference in executive functions, including but 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; WHEREAS some hard-core militants, extremists, terrorists and suicide bombers, who were arrested and being investigated, were ordered to be released.

Militants across the country have, thus, been encouraged while law-enforcement agencies subdued; WHEREAS some judges by overstepping the limits of judicial authority have taken over the executive and legislative functions; WHEREAS the government is committed to the independence of the judiciary and the rule of law and 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; WHEREAS an important constitutional institution, the Supreme Judicial Council, has been made entirely irrelevant and non-est by a recent order and judges have, thus, made themselves immune from inquiry into their conduct and put themselves beyond accountability; WHEREAS the humiliating treatment meted to government officials by some members of the judiciary on a routine basis during court proceedings has demoralised the civil bureaucracy and senior government functionaries, to avoid being harassed, prefer inaction; WHEREAS the law and order situation in the country as well as the economy have been adversely affected and trichotomy of powers eroded; WHEREAS 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; AND WHEREAS the situation has been reviewed in meetings with the prime minister, governors of all four provinces, and with Chairman of Joint Chiefs of Staff Committee, Chiefs of the Armed Forces, Vice-Chief of Army Staff and Corps Commanders of the Pakistan Army; 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.

(2) The provisions of clause (1) shall also apply to an ordinance issued by the President or by a governor which was in force immediately before the commencement of the Proclamation of Emergency of the 3rd day of November, 2007.

[24] The Supreme Court also validated the imposition of emergency and the promulgation of the Provisional Constitution Order issued by the Chief of the Army Staff.

[25] The larger bench held that President General Musharraf was qualified to contest the presidential election and did not suffer any disqualification under the constitution and the law.

"[26] On 2 November 2007, Barrister Aitzaz Ahsan submitted an application to the Supreme Court asking that the Government be restrained from imposing martial law in Pakistan.

Early Sunday morning Pervez Musharraf addressed Pakistan for the first time since declaring the state of emergency[32] in a speech broadcast on state-run PTV.

The following is a translation of Musharraf's speech from the original Urdu: [33] Today I make this address because our country is at a dangerous juncture, facing a national crisis.

1 of 2007), 24 judges of the High Courts of Sindh, Punjab and NWFP had ceased to hold office, with effect from 3 November 2007, the day emergency was proclaimed in the country.

[43] After the announcement of emergency, police acted swiftly to arrest thousands of lawyers, human rights activists and politicians.

The Mall Road, where official buildings including Secretariat, Governor House, and the High Court are, remained barricaded at a number of points.

[46] Opposition leader Khawaja Muhammad Asif, Member of the National Assembly (MNA), was placed under house arrest shortly after the declaration of emergency.

Khawaja Asif is a member of the Pakistan Muslim League (N) (PML-N), the party headed by exiled Prime Minister Nawaz Sharif.

[50] Nationalist opposition leaders Mehmood Khan Achakzai and Qadir Magsi were detained in their home towns in southern Pakistan.

General Musharraf maintained that these channels were creating discord, misrepresenting facts, were not responsible, and were contributing to the instability of the nation.

[67] Bhutto said that the election date set of 15 February 2008 was "too vague" and planned to undertake a "long march" in car procession around Pakistan, as she did before, protesting against Nawaz Sharif.

The Minister of the State for Information, Tariq Azim Khan, said on television media that the elections in Pakistan scheduled for January would be delayed indefinitely.

[72] Around 60 judges refused to take the oath under the "PCO", which includes a statement that no judgment can be passed against any government even if found guilty.

[19] On 20 November 2007 it was reported in the Daily Jang that a newly appointed Supreme Court had dismissed five writs challenging Musharraf's confirmation as president and was waiting to adjudicate the sixth.

Deposed chief justice Iftikhar Muhammad Chaudhry called on lawyers nationwide on 11 November to defy baton-wielding police and protest President Gen. Pervez Musharraf's imposition of emergency rule.

[74] "Go to every corner of Pakistan and give the message that this is the time to sacrifice," Iftikhar Muhammad Chaudhry, who is under virtual house arrest in Islamabad, told lawyers by mobile phone.

The President of the Supreme Court Bar Association and other legal leaders were taken into custody immediately after the imposition of emergency rule.

As a result, the Pakistan lawyer community called for a nationwide strike on 5 November 2007 against Musharraf's decision to impose emergency rule.

On 31 July 2009, the Supreme Court of Pakistan declared the steps taken on 3 November 2007, by former president Pervez Musharraf as illegal and unconstitutional under the Article 279 of the Constitution.

[77] The decision's short announcement also stated that the results of 2008 Pakistani general election, held on 18 February, will be given judicial protection and that President Asif Ali Zardari will not have to take a presidential oath again.

A four member bench headed by Chief Justice Qazi Faez Isa declared LHC judgment unconstitutional and against the law and Question the conduct of Judges who give relief to General Musaraf.