User talk:GeneralNeo
pco not revoked by musharraf otherwise judges - iftikhar chaudhry would have been chief justice on revocation day.
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[edit]http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/pakistan/07-text-of-supreme-court-judgment-ha-04 judges were appointed until 22 march 2008 # all the appointments of Judges of superior judiciary on or after 3.11.2007 up till 22.3.2008 which were without consultation of de-jure Chief Justice of Pakistan are/were unconstitutional, invalid and without any legal consequence "
"ii) since Mr. Justice Abdul Hameed Dogar was never a constitutional Chief Justice of Pakistan, therefore, all appointments of Judges of the Supreme Court of Pakistan, of the Chief Justices of the High Courts and of the Judges of the High Courts made, in consultation with him, during the period that he, unconstitutionally, held the said office from 3.11.2007 to 22.3.2009 (both days inclusive) are hereby declared to be unconstitutional, void ab initio and of no legal effect and such appointees shall cease to hold office forthwith; Provided that the Judges so un-constitutionally appointed to the Supreme Court while holding the offices as Judges of any of the High Courts shall revert back as Judges of the respective High Courts subject to their age of superannuation and likewise, the Judges of the High Courts, who were District and Sessions Judges before their said unconstitutional elevation to the High Courts shall "
"Meanwhile, Proclamation of Emergency and Revocation is the constitutional right of the President of Pakistan, according to the constitution of Pakistan, Article 232 and Article 236.[1] On 15 Februaury 2008, the Supreme Court has delivered detailed judgement to validate the Proclamation of Emergency on 3rd November 2007, the Provisional Constitution Order No 1 of 2007 and the Oath of Office (Judges) Order, 2007.[2]"
this bit - musharraf revoked emergency only not the judges thing - the judges part was revoked by the current pm gillani in 2009 the article 6 would be really about the judges being removed from office and to ensure musharraf ends up in jail basically 2nd part is more valid reason.
musharraf left office in 2008 as president of pakistan
article 6 trial has to be done by parliament as said by supreme court - no trial means no supreme court action means no jail terms for musharraf. —Preceding unsigned comment added by Salmanj10 (talk • contribs) 19:07, 3 October 2009 (UTC)
Salmanj10, Referring to your input above, here are few clarifications:
1- No one can decide which Chief Justice of Pakistan is constitutional and which is not? You cannot, unilaterally, call Justice Dogor as unconstitutional. Justice Iftikhar Chaudhry was also one of those judges that took oath on PCO on 26th January 2000 as Balochistan High Court Chief Justice. http://www.paksearch.com/br2000/Jan/27/NEWCJ.htm
2- Chief Justice Iftikhar Chaudhry accepted his post as Chief Justice AFTER Chief Justice Dogor retired, means he accepted the constitutional position of Chief Justice Dogor.
3- Kindly note that you are confusing the appointment of the honorable judges with Article-6. Article-6 has nothing to do with appointment of judges. Article-6 can only be applied for holding the 'constitution in abeyance' and that is for the Parliament to decide and NOT the Supreme Court - whatever the SC verdict.
3- Lastly, Article-6 has yet not been brought into the Parliament nor the Senate. There are plain unrealistic slogans by political parties and not even worth adding to Wiki projects.
I have left it presenting both versions and we have to add Mr. Musharraf's version and self defense as well, to make it neutral NPOV. In future, this sub-heading of 'Article-6' will end up being removed from Mr. Musharraf page anyway. Add it to Politics of Pakistan page for any future reference. Thanks