On 3 November 2007, a restraining order was issued by a seven-member bench of the Supreme Court to bar the government from implementing emergency rule.
Any action by the government after the passing of this order is illegal, including the detention of lawyers and members of civil society whose only sin is that they opposed the emergency and the PCO.
[4] In July 2009, the then-Lahore High Court Chief Justice Khawaja Muhammad Sharif referred to the Supreme Judicial Council of Pakistan a list of names of justices who took oath under the 2007 Provisional Constitutional Order, stating that doing so went against the restraining order issued on 3 November 2007.
[5] By taking this oath, the judges swore to abide by the 2007 Proclamation of Emergency, the 2007 Provisional Constitutional Order No.
It also caused President Asif Ali Zardari to issue orders declaring that the 76 judges that had taken the oath would no longer hold office until the decision on 31 July 2009.
[7] Justices Muhammad Ahsan Bhoon and Anwaarul Haq Pannun filed petitions to review the 31 July 2009 verdict.
The two justices' complaints included: After the 31 July decision, contempt of court notices were issued to the judges who took the Provisional Constitutional Order oath.
[14] The Supreme Court has asked Attorney General Maulvi Anwar ul Haq to provide a statement on behalf of the government detailing the legal status of the judges who took the oath.
[17] On 31 July 2009, after hearing constitutional petitions concerning PCO judges, the appointment of judges, and the steps taken in declaring the 2007 Pakistani state of emergency, the Pakistan Supreme Court decided the declaration of emergency rule by Musharraf to be unconstitutional under Article 279 of the Constitution of Pakistan.
[19] The verdict was also welcomed by the spokesperson to Zardari, Farhatullah Babar, who said that "The Supreme Court short order today declaring the November 3, 2007 actions of General Pervez Musharraf as unconstitutional is a triumph of the democratic principles, a stinging negation of dictatorship and is most welcome.