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TIKA IQBAL MUHAMMAD KHAN versus GENERAL PERVEZ MUSHARAF


Temporary Constitutional Order (1 of 2007), Preamble of the Office (Judges) Order, 2007, Preamble Constitution (Amendment) Order [5 of 2007], Preamble Constitution (Amendment) Order, 2007, Preamble Constitution of Pakistan (1973), Article 184 (3) Constitutional application under Article 184 (3) of the Constitution which declares a state of emergency 11 11 2007 11 Provisional Constitutional Order, 2007 and the Office of Judge (Judges) Order, 2007, the overall situation has a This led to a situation where it was impossible for the government to comply with the provisions of the Constitution for which the Constitution provided no remedy. Or a satisfying solution and the result of a dire fear of catastrophic consequences, unless action was taken by the Chief of Army Staff / President on 3 11 2007, and the authorities would justify the additional constitution. Had developed enough business content. Chief of Army Staff / President Situation measures that resulted in the issuance of the Emergency Declaration of 3 11 2007 as well as the other two orders were similar to the situation which was guaranteed to occur in the country on 5 7 1977 and 12 11 1999. Additional constitutional measures, which were endorsed by the Supreme Court in Begum Nusrat Bhutto v. Chief of Army Staff PLD 1977 SC 657 and Syed Z. Offer Ali Shah v. Pervez Musharraf, chief executive of Pakistan PLD 2000 SC 869 for the welfare of the state and the welfare of the people, with the fact that the constitution was not repealed, but simply ignored in the Supreme Court. Was done, by investigating the situation in the country in the recent past and by judicial activity to identify the constitutional limits exceeded by some members of the higher judiciary, ignoring the good principles of judicial sanctions. ???

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