Provisional Constitutional Order

The Provisional Constitutional Order, popularly known as PCO, is an emergency and extra-
constitutional order that suspends either wholly or partially the Constitution of Pakistan— the
supreme law of land.The PCO fulfills and act as the temporary order while the constitution is
held in abeyance or suspension. Mostly, the orders have been enforced during the times of the
martial law imposed by the armed forces of the country against the civilian governments.

Contents

1 Overview of Provisional Constitutional Order

1.1 Provisional Constitutional Order, 1981
1.2 Provisional Constitutional Order, 1999
1.3 Provisional Constitutional Order, 2007
2 References

Overview of Provisional Constitutional Order

Soon after the martial law went into immediate effect in 1977, the constitution of Pakistan was
suspended. The first PCO was declared on 24 March 1981 by then-President and chief of army
staff General Zia-ul-Haq. It was the first PCO having declared by the President General Zia-ul-
Haq in the history of the country.

Under this new order, the senior justices of the Supreme Court of Pakistan were asked to take an
oath of office under the provisions set by the PCO.[3] On March 1981, President Zia terminated
19 senior justices of the supreme court when they refused to take the oath.Chief Justice Dorab
Patel and Senior justice Fakhrauddin Ebrahim declined to take the oath; thus opting for
retirement.[4] Senior justice Anwarul Haq also resigned after refusing to take the oath whilst the
Senior justice Mushtaq Hussain who was willing to take the oath was not asked to do so.

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Senior justices Hussain and Haq had previously approved Bhutto's hanging were reportedly
restrained to take an oath under the secretive directives issued by President Zia.All of these
Senior justices were asked to tender their resignation, which they did.

Provisional Constitutional Order effecting the Judicature of Pakistan

Senior Justices of the Supreme Court of Pakistan Oath of Office Extension under PCO

Chief Justice Dorab Patel Refused to take oath under Resigned

PCO
Chief Justice Anwarul Haq Took oath under PCO Resigned
Senior Justices Fakhruddin Refused to take oath under Resigned
Ebrahim PCO
Senior Justices Abdul Qadir Took oath under PCO Continuation at Supreme
Shakih Court
Senior Justices Mohammad Took oath under PCO Elevated as Chief Justice
Haleem (1981–89)
Senior Justices K.I. Chouhann Took oath under PCO Continuation at Supreme
Court
Senior Justices Aslam Riaz Took oath under PCO Continuation at Supreme
Husain Court
Senior Justices Nasim Shah Took oath under PCO Elevated as Chief Justice
(1993–94)
Senior Justices Shafi-u- Took oath under PCO Continuation at Supreme
Rehman Court
Senior Justices Maulvi Not invited to take oath under Resigned
Mushtaq Hussain PCO
Senior Justices M.A. Zulla Took oath under PCO Elevated as Chief Justice
(1993–94)
Senior Justices Agha Ali Not invited to take oath under Appointed at the Federal
Hyder PCO Sharia Court
Senior Justices Abdul Hayee Took oath under PCO Appointed at the Sindh High

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Qureshi Court
Senior Justices Abdul Hafeez Refused to take oath under Appointed at the Sindh High
Memon PCO Court
Senior Justices Zaffar Hussain Took oath under PCO Appointed at the Sindh High
Mirza Court
Senior Justices Naimuddin Took oath under PCO Appointed at Supreme Court
Ahmed
Senior Justices S.A. Nusrat Took oath under PCO Appointed at Supreme Court
Senior Justices G. M. Shah Not invited to take oath under Resigned
PCO
Senior Justices Ajmal Mian Took oath under PCO Elevated as Chief Justice
(1997–99)
Senior Justices Muhammad Took oath under PCO Appointed at the Sindh High
Zahoor-ul-Haq Court
Senior Justices Sajjad A. Shah Took oath under PCO Elevated as Chief Justice
(1994–97)
Senior Justices Ghous Ali Took oath under PCO Resigned
Shah
Senior Justices Tanzil-ur- Took oath under PCO Appointed at the Federal
Rahman Sharia Court
Senior Justices Saeeduzzaman Took oath under PCO Elevated as Chief Justice
Siddiqui (1999–00)
Senior Justices G.M. Kourejo Took oath under PCO Appointed at the Sindh High
Court
Senior Justices Nasir A. Zahid Took oath under PCO Appointed at the Sindh High
Court
Senior Justices K.A. Ghani Took oath under PCO Appointed at the Sindh High
Court
Senior Justices Saleem Akhtar Took oath under PCO Resigned

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Provisional Constitutional Order, 1999

Political tensions arising after the border incidents with India that nearly pushed the two
countries at the brink of the war, Chairman Joint chiefs and chief of army staff General Pervez
Musharraf immediately imposed the martial law against government of Prime minister Nawaz
Sharif, on 14 October 1999.

General Musharraf effectively imposed the state of emergency and suspended the constitution
after introducing the provisional order. Nearly, all Senior justices were forcefully required to
take an oath of office under this new order, and concerns were raised that this would "erode the
independence of the judiciary".

Provisional Constitutional Order effecting the Judicature of Pakistan

Senior Justices of the Supreme Court of Pakistan Oath of Office Extension under PCO

Chief Justice Refused to take oath Resigned

Saeeduzzaman under PCO
Siddiqui
Senior Justices Took oath under PCO Elevated as Chief
Iftikhar Muhammad Justice (2005–2007,
Chaudhry 2009-2013)
Senior Justices Bashir Took oath under PCO Elevated as Chief
Jehangiri Justice (2002–02)
Senior Justices I. Took oath under PCO Elevated as Chief
Hussain Khan Justice (2000–02)
Senior Justices Sh. Took oath under PCO Elevated as Chief
Riaz Ahmad Justice (2002–05)
Senior Justices Refused to take oath Resigned
Mamoon A Kazi under PCO
Senior Justices Nasir Refused to take oath Resigned
A. Zahid under PCO
Senior Justices K.R. Refused to take oath Resigned

4
Khan under PCO
Senior Justices Took oath under PCO appointed at Peshawar
High Court
Senior Justices Refused to take oath Resigned
Wajihuddin Ahmed under PCO
Senior Justices Kamal Refused to take oath Resigned
Mansur Alam under PCO
Senior Justices A.R. Took oath under PCO appointed at Sindh
Khan High Court
Senior Justices Ch. Took oath under PCO appointed at
Mohammad Arif Balochistan High
Court
Senior Justices Munir Refused to take oath Resigned
Sheikh under PCO

Provisional Constitutional Order, 2007

Main articles: 2007 Pakistani state of emergency and PCO Judges case

In 2007, another Provisional Constitutional Order was issued by General Pervez Musharraf. The
PCO was issued on November 3, 2007 and later amended on November 15, 2007. It was lifted
on December 16, 2007.

Supreme Court of Pakistan

1 Iftikhar Muhammad Chaudhry (Refused to take oath under PCO)

2 Rana Bhagwandas (Refused to take oath under PCO)
3 Javed Iqbal (Refused to take oath under PCO)
4 Abdul Hameed Dogar (Took oath under PCO and become Chief Justice)
5 Sardar Muhammad Raza Khan (Refused to take oath under PCO)
6 Khalil-ur-Rehman Ramday (Refused to take oath under PCO)
7 Muhammad Nawaz Abbasi (Took oath under PCO)
8 Faqir Muhammad Khokhar (Took oath under PCO)
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 9 Falak Sher (Refused to take oath under PCO)
10 Shakir Ullah Jan (Refused to take oath under PCO)
11 M Javed Butter (Took oath under PCO)
12 Tassaduq Hussain Jillani (Refused to take oath under PCO)
13 Saiyed Saeed Ashhad (Took oath under PCO)
14 Nasir ul Mulk (Refused to take oath under PCO)
15 Raja Fayyaz (Refused to take oath under PCO)
16 Chaudhry Ejaz Ahmed (Refused to take oath under PCO)
17 Syed Jamshed Ali (Refused to take oath under PCO)
18 Ghulam Rabbani (Refused to take oath under PCO)
19 Hamid Ali Mirza (Refused to take oath under PCO)

References

1 : a b Omar, Imtiaz (2002). Emergency powers and the courts in India and Pakistan.
England: Kluwer Law International. ISBN 904111775X.
2 Lau, Martin (2005). The role of Islam in the legal system of Pakistan ([Online-
Ausg.]. ed.). The Hague [u.a.]: Kluwer Law International. ISBN 9004149279.
3 : a b c Mehdi, Rubya (1994). The Islamization of the Law in Pakistan. [S.l.]:
Routledge. ISBN 978-0-415-64437-2.
4 Ghazali, Abdus Sattar (1996). "§ VIII: The Third Martial Law". Islamic Pakistan:
Illusions and Reality. Islamabad: National Book Club. Retrieved 24 November 2013.
5 "Pakistan Judges Refuse Oath Demanded by Pakistan's Rulers". Waycross Journal-
Herald. 31 January 2000. Retrieved 7 May 2011.