On Friday after a long delay of more than 4 hours SC of Pakistan gave a remarkable judgement of declaring the 3rd November 2007 as unconstitutional,illegal and extra judicial.
The 14 member bench headed by Chief Justice of Pakistan Iftikhar Ahmed Chaudhary who was restored by the government on 16 March 2009 after immense pressure from a long march by lawyers,civil society and politicians on Friday also rejected the unconstitutional amendments made by former dictator Musharraf during the time of emergency (between 3rd November 2007 and 15 December 2007).
SC sent the cases of those judges who violated the judgement of 7 member bench which declared 3rd November 2007 actions as unconstitutional and ordered the judiciary not to take oath under the PCO of dictator to Supreme judicial council.
Also the Supreme Court declared:
1) The sacking of judges by Musharraf on 3rd November as unconstitutional.
2) The removal of judges appointed during the PCO period and the Dogar period.
3) The tenure of Abdul Hameed Dogar (The PCO CJ appointed by Musharraf) as unconstitutional.
4) The increase in number of SC judges to 29 through finance bill by current parliament as unconstitutional.
5) The Islamabad High Court as unconstitutional and now after this decision all the judges of Islamabad HC are dismissed from their service.
6) The Ordinances issued by the dictator are referred to the parliament for review.
However in the decision SC did not change the status of :
1) The presidential oath taken by Dogar from Zardari.
2) The financial and administrative decisions taken by Dogar.
3) The cases related to day to day personal issues settled by the courts during that time.
One thing which didn’t go in favor of the government apart from the removal of jiala judges is the change in status of NRO which was approved by the Dogar court is now a thing to be decided means people including or specially Zardari are now not indemnified from the cases of corruption.
The court has indeed played their part expected from them (people also expect more good news from them) and now the ball is in the court of the national parliament to show what they are capable of doing.