2007 Pakistani state of emergency - AbsoluteAstronomy.com

A state of emergency was declared by Pakistani President Pervez Musharraf

Pervez Musharraf

Pervez Musharraf , is a retired four-star general who served as the 13th Chief of Army Staff and tenth President of Pakistan as well as tenth Chairman of the Joint Chiefs of Staff Committee. Musharraf headed and led an administrative military government from October 1999 till August 2007. He ruled...

on November 3, 2007, and lasted until December 15, 2007,
during which time the constitution

Constitution of Pakistan

The Constitution of the Islamic Republic of Pakistan is the supreme law of Pakistan. Known as the Constitution of 1973, it was drafted by the government of Zulfikar Ali Bhutto and, following additions by the opposition parties, was approved by the legislative assembly on April 10, 1973...

of Pakistan

Pakistan

Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...

was suspended.
When the state of emergency

State of emergency

A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...

was declared, Musharraf controversially held both positions of President

President of Pakistan

The President of Pakistan is the head of state, as well as figurehead, of the Islamic Republic of Pakistan. Recently passed an XVIII Amendment , Pakistan has a parliamentary democratic system of government. According to the Constitution, the President is chosen by the Electoral College to serve a...

and Chief of Army Staff

Chief of Army Staff of the Pakistan Army

The Chief of Army Staff of Pakistan Army, shortly abbreviated as COAS, is the highest staff post in the Pakistan Army, held by the senior 4-star rank officer. It is the highest and most prestigious 4-star assignment, unless the 4-star officer is appointed as the Chairman of the Joint Chiefs of...

. He later resigned as army chief 25 days into the emergency on November 28.
The state of emergency and its responses are generally attributed to the controversies surrounding the re-election of Musharraf during the presidential election

Pakistani presidential election, 2007

An indirect presidential election was held in Pakistan on 6 October 2007. This was before dissolution of parliament for the following general election to be held in 2008. The Pakistani legislature elected incumbent Pervez Musharraf by an overwhelming majority...

on October 6, 2007, including his holding of both offices of President and Chief of Army Staff at the time.

Chief Justice Iftikhar Muhammad Chaudhry

Iftikhar Muhammad Chaudhry

Iftikhar Muhammad Chaudhry is the current Chief Justice of Pakistan.He became chief justice of Pakistan's Supreme Court in 2005 and soon became not only a central figure in the nation's political struggles but an icon to the country's legal profession and others campaigning for the rule of law...

reacted promptly to the emergency declaration, convening a seven-member bench which issued an interim order against this action. He also directed the armed forces of Pakistan not to obey any illegal orders. Subsequently, the 111th brigade of the Pakistan army entered the supreme court building and removed Chaudhry and several other judges from the supreme court and arrested them.

It was announced early that the state of emergency would likely end in late November or early December 2007. After being sworn in for a second presidential term on November 29, 2007, Musharraf immediately declared that the state of emergency would end on December 16, 2007, although the emergency actually ended one day earlier, on December 15, 2007, with an announcement by Musharraf.

The Pakistani general election

Pakistani general election, 2008

A general election was held in Pakistan on 18 February 2008, after being postponed from 8 January 2008. The original date was intended to elect members of the National Assembly of Pakistan, the lower house of the Majlis-e-Shoora...

previously scheduled to occur in early January 2008 was postponed. At the beginning of the emergency, Information Minister Tariq Azim Khan

Tariq Azim Khan

Tariq Azim Khan was Pakistan's Deputy Information Minister under Pervez Musharraf. His duties included speaking with foreign media.-Citations:...

said on television that the general election could be delayed many months and perhaps up to a year. Later, the election was rescheduled to take place by February 15, 2008, as announced by Musharraf himself. A few days later he called for the election date to be on or before January 9, 2008, before a final date of January 8, 2008, was decided. However, because of unforeseen events that occurred after the state of emergency ended, primarily the assassination of Benazir Bhutto

Assassination of Benazir Bhutto

The assassination of Benazir Bhutto occurred on 27 December 2007 in Rawalpindi, Pakistan. Bhutto, twice Prime Minister of Pakistan and then-leader of the opposition Pakistan Peoples Party, had been campaigning ahead of elections due in January 2008...

and its aftermath, the general elections were again postponed by the Election Commission and were finally held on February 18, 2008.

Background

Leading up to the 2007 presidential elections, the Election Commissioner approved General Pervez Musharraf

Pervez Musharraf

as a candidate for re-election. One of his opponents, retired Supreme Court justice Wajihuddin Ahmed

Wajihuddin Ahmed

The Honorable Right Justice Wajihuddin Ahmed , JD, is a retired and senior associate justice of the Pakistan Supreme Court and a former member of Pakistan's higher judiciary. He served as the Chief Justice of the Sindh High Court and then, as a judge of the Supreme Court of Pakistan...

, challenged the ruling in the Supreme Court. The dispute was primarily regarding whether a member of the military was constitutionally permitted to run for the office of the president, as Musharraf held both titles of President and Chief of Army Staff.

Responding to the challenge, on 28 September 2007, Pakistan's Supreme court cleared the way for President Pervez Musharraf to seek another five-year term when it threw out a major legal challenge to his re-election plans. But barred the Election Commission from officially declaring a winner until it made its final decision. On October 6, presidential elections were held with Musharraf winning 98% votes in the Senate, Parliament and the four provincial assemblies.

While the Supreme Court was hearing the case of Musharraf's eligibility as a candidate, it announced that it would likely need to delay the hearing until November 12 due to a personal engagement of one of the honorable members of the bench. On November 2, the court reversed its decision to break, stating that it would now reconvene the following Monday on November 5 to attempt to resolve the political situation quickly. This reversal was in part due to criticism that the court's continuing delay was adding to Pakistan's general instability. Convening on November 12 would have left a tight schedule of just three days before the end of Musharraf's previous presidential term on 15 November. Parliamentary elections

Pakistani general election, 2008

were due to be held in February 2008, no later than a month after the original target date for elections.

Prior to the emergency declaration, Attorney General

Attorney General

In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...

Malik Qayyum, representing Musharraf, had assured the court that there was no planned move by the government to impose martial law

Martial law

Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...

Declaration of a state of emergency

Before the court could reach a decision, General Pervez Musharraf, acting as Chief of the Army Staff, declared a state of emergency

State of emergency

as per Article 232 of the constitution, on the evening of November 3, 2007, and issued a Provisional Constitutional Order

Provisional Constitutional Order

A Provisional Constitutional Order, or PCO, is an extra-constitutional order that suspends either wholly or partially the Constitution of Pakistan...

which replaced the country's constitution. The Constitution of Pakistan, Article 232, allows the President of Pakistan to declare a State of Emergency when he is satisfied a situation exists that warrants its imposition. In the case that a President of Pakistan declares a State of Emergency, the National Assembly

National Assembly of Pakistan

The National Assembly of Pakistan is the lower house of the bicameral Majlis-e-Shura, which also compromises the President of Pakistan and Senate . The National Assembly and the Senate both convene at Parliament House in Islamabad...

has to approve it within 30 days. The state-run Pakistan Television Corporation

Pakistan Television Corporation

The Pakistan Television Corporation is Pakistan's national television broadcaster. The first live transmission of PTV began on November 26, 1964, in Lahore...

issued a brief announcement saying that, "The Chief of the Army Staff (General Musharraf) has proclaimed state of emergency and issued a provisional constitutional order," at 6:10 am local time without giving any details. Under the order, the Constitution

Constitution of Pakistan

was suspended, the federal cabinet ceased to exist, and the justices were ordered to take an oath to abide by it. Those who failed to do so would be dismissed.

Text of the Proclamation of Emergency

Following is the text of the Proclamation of Emergency declared by Chief of the Army Staff Gen Pervez Musharraf:

Text of Provisional Constitutional Order 2007

Following is the text of the Provisional Constitutional Order (PCO) promulgated by Chief of the Army Staff Gen Pervez Musharraf:

Supreme Court Validates Presidential Elections, PCO and Emergency

On 24 November 2007, a seven panel larger bench of the Supreme Court, headed by Chief Justice Abdul Hameed Dogor, directed the chief election commissioner and the government to declare Pervez Musharraf President for a second term by December 1, and said that President Musharraf shall relinquish the office of the chief of army staff (COAS) before taking oath as civilian president. The Supreme Court also validated the imposition of emergency and the promulgation of the Provisional Constitution Order issued by the Chief of the Army Staff. The larger bench held that President General Musharraf was qualified to contest the presidential election and did not suffer any disqualification under the constitution and the law. The court also vacated the interim stay of the October 6 presidential election results that had kept the Election Commission from announcing them until now. The bench was headed by Chief Justice Abdul Hameed Dogar. The other members were Justice Ejazul Hassan, Justice Muhammad Qaim Jan Khan, Justice Muhammad Moosa K Laghari, Justice Chaudhry Ejaz Yousaf, Justice Muhammad Akhtar Shabbir, and Justice Zia Pervez.

Later, on 15 February 2008, the Supreme Court delivered a detailed judgement to validate the Proclamation of Emergency on 3 November 2007, the Provisional Constitution Order No 1 of 2007 and the Oath of Office (Judges) Order, 2007. This Full Court judgement was written by Chief Justice Abdul Hameed Dogar. Other members of the Full Court were Justice Ijaz-ul-Hassan, Justice Mohammad Qaim Jan Khan, Justice Mohammad Moosa K. Leghari, Justice Chaudhry Ejaz Yousaf, Justice Muhammad Akhtar Shabbir and Justice Zia Perwez. The Supreme Court wrote, "In the recent past the whole of Pakistan was afflicted with extremism, terrorism and suicide attacks using bombs, hand grenades, missiles, mines, including similar attacks on the armed forces and law enforcing agencies, which reached climax on 18th of October 2007 when in a similar attack on a public rally, at least 150 people were killed and more than 500 seriously injured. The situation which led to the issuance of Proclamation of Emergency of the 3rd day of November 2007 as well as the other two Orders, referred to above, was similar to the situation which prevailed in the country on the 5th of July 1977 and the 12th of October 1999 warranting the extra-constitutional steps, which had been validated by the Supreme Court of Pakistan in Begum Nusrat Bhutto V. Chief of the Army Staff (PLD 1977 SC 657) and Syed Zafar Ali Shah V. Pervez Musharraf, Chief Executive of Pakistan (PLD 2000 SC 869) in the interest of the State and for the welfare of the people, as also the fact that the Constitution was not abrogated, but merely held in abeyance"

It further wrote, "The learned Chief Justices and Judges of the superior courts, (Supreme Court of Pakistan, Federal Shariat Court and the High Courts), who have not been given, and who have not made, oath under the Oath of Office (Judges) Order, 2007 have ceased to hold their respective offices on the 3rd of November 2007. Their cases cannot be re-opened being hit by the doctrine of past and closed transaction"

Supreme Court and PCO 2007

On 2 November 2007 Barrister

Barrister

A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...

Aitzaz Ahsan

Chaudhry Aitzaz Ahsan is a Pakistani lawmaker, barrister, and politician from Pakistan's People's Party who served as President of the Supreme Court Bar Association of Pakistan.-Early life and education:...

submitted an application to the Supreme Court

Supreme Court of Pakistan

The Supreme Court is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It has number of Branch Registries where cases are heard. It has a number of de jure powers which are outlined in the...

asking that the Government be restrained from imposing martial law

Martial law

in Pakistan. To this application a seven panel Supreme Court bench issued a stay order on 3 November 2007 against the imposition of an emergency. The bench was headed by Chief Justice Iftikhar Mohammad Chaudhry. The other members of the bench were Justice Rana Bhagwandas, Justice Javed Iqbal, Justice Mian Shakirullah Jan, Justice Nasirul Mulk, Justice Raja Fayyaz, and Justice Ghulam Rabbani. This stay order was ignored by the Chief of Army Staff and the emergency was imposed across the country.

Supreme Court on November 3, 2007 (prior to imposition of emergency)

Name	Appointed	Normal Retirement	Action on PCO oath
Hon. Chief Justice Iftikhar Muhammad Chaudhry Iftikhar Muhammad Chaudhry Iftikhar Muhammad Chaudhry is the current Chief Justice of Pakistan.He became chief justice of Pakistan's Supreme Court in 2005 and soon became not only a central figure in the nation's political struggles but an icon to the country's legal profession and others campaigning for the rule of law...	February 4, 2000	December 11, 2013	refused PCO oath, (Later restored on March 22, 2009)
Hon. Justice Rana Bhagwandas Rana Bhagwandas His Lordship Mr. Justice Retired Rana Bhagwandas , a highly respected name of the Pakistani judiciary was a senior judge and former acting chief justice of the Supreme Court of Pakistan...	February 4, 2000	December 20, 2007	refused PCO oath, (Retired after deposed)
Hon. Justice Javed Iqbal Javaid Iqbal Justice Javed Iqbal is a justice of the Supreme Court of Pakistan and a former Chief Justice of High Court of Balochistan.-Education:Justice Iqbal have done Masters in Arts in Political Science in 1969 and LL.B from Punjab University in 1968; Master of International Law...	April 28, 2000	July 31, 2011	refused PCO oath, (Later accepted a civil job in de-jure days, restored on March 17, 2009)
Hon. Justice Abdul Hameed Dogar	April 28, 2000	March 21, 2009	took PCO Oath on November 3, 2007, made Chief Justice
Hon. Justice Sardar Muhammad Raza Khan Sardar Muhammad Raza Khan Justice Sardar Muhammad Raza Khan is a justice in Supreme Court of Pakistan and a former Chief Justice of Peshawar High Court. He was born in village Namli Maira District Abbottabad on the February 10, 1945.-Education and training:...	January 10, 2002	February 9, 2010	refused PCO oath, (Later accepted an reappointment on September 19, 2008, during democratic period)
Hon. Justice Khalil-ur-Rehman Ramday Khalil-ur-Rehman Ramday Chief Honourable Justice Khalil-ur-Rehman Ramday is an ad-hoc judge of the Supreme Court of Pakistan. He remained permannet judge of Supreme Court from 2002 to 2010. He was born in Lahore on January 13, 1945 in the famous Ramday Arain family of Justice Mr. Muhammad Siddique as the fifth child and...	January 10, 2002	January 12, 2010	refused PCO oath, (Later on March 17, 2009)
Hon. Justice Muhammad Nawaz Abbasi Muhammad Nawaz Abbasi Mohammad Nawaz Abbasi is former justice of the Supreme Court of Pakistan and a former justice of Lahore High Court.-Life:Mohammad Nawaz Abbasi was born in Murree on June 7, 1943....	January 10, 2002	June 7, 2008	took PCO Oath on November 3, 2007
Hon. Justice Faqir Muhammad Khokhar Faqir Muhammad Khokhar Faqir Muhammad Khokhar is a former judge of the Supreme Court of Pakistan.-Judicial career:He started off as a lawyer after doing his B.A./L.L.B. He was elevated to the High Court on December 10, 1996, and then to the...	January 10, 2002	April 15, 2010	took PCO Oath on November 3, 2007
Hon. Justice Falak Sher	June 9, 2002	September 21, 2008	refused PCO oath, (Retired after deposed)
Hon. Justice Mian Shakirullah Jan Mian Shakirullah Jan Justice Mian Sakirullah Jan is a justice in Supreme Court of Pakistan and a former Chief Justice of Peshawar High Court.-Early life:Justice Jan was born on 18 August 1947.-Education and Training:...	July 31, 2004	August 17, 2012	refused PCO oath, (Later accepted an reappointment on September 5, 2008, during democratic period)
Hon. Justice M. Javed Buttar Muhammad Javed Buttar Muhammad Javed Buttar is a former justice of the Supreme Court of Pakistan, currently he is serving as a member of Board of Directors of National Asset Management Company Limited.-Early life:...	July 31, 2004	November 15, 2013	took PCO Oath on November 3, 2007
Hon. Justice Tassaduq Hussain Jillani Tassaduq Hussain Jillani Justice Tassadduq Hussain Jillani is a justice in Supreme Court of Pakistan and a former justice of Lahore High Court.-Early life:Justice Jillani was born on July 6, 1949. His father name was Muhammad Ramzan Shah Jillani.-Education and training:...	July 31, 2004	July 5, 2014	refused PCO oath, (Later accepted an reappointment on September 5, 2008, during democratic period)
Hon. Justice Saiyed Saeed Ashhad	April 5, 2005	October 7, 2008	took PCO Oath on November 3, 2007
Hon. Justice Nasir-ul-Mulk Nasir-ul-Mulk Justice Nasir- ul-Mulk is a justice of Supreme Court of Pakistan and a former Chief Justice of Peshawar High Court.-Early life:Nasir ul Mulk was born on August 17, 1950 in Swat, Khyber-Pakhtunkhwa .-Edcuation and Training:...	April 5, 2005	August 16, 2015	refused PCO oath, (Later accepted an reappointment on September 19, 2008, during democratic period)
Hon. Justice Raja Muhammad Fayyaz Ahmad Raja Muhammad Fayyaz Ahmad Justice Raja Muhammad Fayyaz Ahmad is a judge in Supreme Court of Pakistan and is a former Chief Justice of High Court of Balochistan.-Early life:...	September 14, 2005	May 31, 2011	refused PCO oath, (Later restored on March 17, 2009)
Hon. Justice Ch. Ijaz Ahmad	September 14, 2005	May 4, 2010	refused PCO oath, (Later restored on March 17, 2009)
Hon. Justice Syed Jamshed Ali	September 14, 2005	September 30, 2008	refused PCO oath, (Later accepted an reappointment on September 5, 2008, during democratic period)
Hon. Justice Ghulam Rabbani	September 14, 2006		refused PCO oath, and retired while deposed. On April 12, 2009 he was reappointed as justice of supreme court

Speech to the nation

Early Sunday morning Pervez Musharraf addressed Pakistan for the first time since declaring the state of emergency in a speech broadcast on state-run PTV. The following is a translation of Musharraf's speech from the original Urdu

Urdu

Urdu is a register of the Hindustani language that is identified with Muslims in South Asia. It belongs to the Indo-European family. Urdu is the national language and lingua franca of Pakistan. It is also widely spoken in some regions of India, where it is one of the 22 scheduled languages and an...

:
Musharraf also referred to US President Abraham Lincoln

Abraham Lincoln

Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...

, saying that Lincoln's suspension of Habeas corpus during the American Civil War

American Civil War

The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...

in order to save the nation was analogous to his declaration of a state of emergency for Pakistan.

Musharraf has said that the forthcoming election date will not be affected by the declaration.

Impact on Higher Judiciary

The judges of Supreme Court

Supreme Court of Pakistan

, Federal Shariat Court

Federal Shariat Court of Pakistan

The Federal Shariat Court of Pakistan is a court which has the power to examine and determine whether the laws of the country comply with Shari'a law...

and four High Courts were asked to take an oath on the PCO. Some of the judges opted to take the oath on the PCO immediately, while some took it over a period of time and some remained steadfast in refusing to take the oath on the PCO.

Immediately after the emergency, out of 18 Supreme Court justices, only five judges took the oath on the PCO. Initially in Islamabad, Abdul Hameed Dogar who was inducted as the new Chief Justice, Muhammad Nawaz Abbasi, Justice Khokhar and M. Javed Buttar took the oath under the PCO. Later in the evening, in Karachi Saiyed Saeed Ashhad also took the oath on the PCO on November 3, 2007. From the remaining judges, Justice Javed Iqbal, Justice Falak Sher, Justice Sardar Muhammad Raza Khan, Justice Mian Shakir Ullah Jan, Justice Tassaduq Hussain Jillani, Justice Nasir ul Mulk, Justice Chaudhry Ejaz Ahmed, Justice Raja Fayyaz, Justice Syed Jamshed Ali and Justice Ghulam Rabbani declined invitation to take oath of supreme court took oath on PCO. The Chief Justice Iftikhar Muhammad Chaudhry, Justice Rana Bhagwandas and Justice Khalil-ur-Rehman Ramday also did not take oath on PCO nor were they offered to.

On December 3, 2007, the federal government issued a notification of removal of three justices of the Supreme Court without any retirement privileges. They were Chief Justice Iftikhar Muhammad Chaudhry, Justice Rana Bhagwandas and Justice Khalil-ur-Rehman Ramday.

On December 3, 2007, the federal government issued another notification that in pursuance to Article 3 of the Oath of Office (Judges) Order, 2007 (Order No. 1 of 2007), 24 judges of the High Courts of Sindh, Punjab and NWFP had ceased to hold office, with effect from November 3, 2007, the day emergency was proclaimed in the country.

According to the notification twelve justices of Sindh High Court were notified to cease to hold office. They were Justice Rahmat Hussain Jafferi, Justice Khilji Arif Hussain, Justice Aamir Hani Muslim, Justice Gulzar Ahmed, Justice Maqbool Baqar, Justice Muhammad Athar Saeed, Justice Faisal Arab, Justice Sajjad Ali Shah, Justice Zafar Ahmed Khan Sherwani, Justice Salman Ansari, Justice Abdul Rashid Kalwar and Justice Arshad Siraj.

According to the notification ten justices of Lahore High Court were notified to cease to hold office. They were Justice Khawja Muhammad Sharif, Justice Mian Saqib Nisar, Justice Asif Saeed Khan Khosa, Justice Muhammad Tahir Ali, Justice Ijaz Ahmad Chaudhry, Justice M. A. Shahid Siddiqui, Justice Muhammad Jehangir Arshad, Justice Sheikh Azmat Saeed, Justice Umar Atta Bandial and Justice Iqbal Hameed-ur-Rehman.

According to the notification two justices of Peshawar High Court were notified to cease to hold office. They were Justice Ijaz Afzal Khan and Justice Dost Muhammad Khan.

Note: All justices of the High Court of Balochistan had taken the oath on the PCO.

Events during the state of emergency

Opinion polls reflected strong public opposition to imposition of the state of emergency. 67% demanded General Musharraf's resignation where as 71% said they opposed the suspension of Constitution. More than 70% people surveyed said that they were opposed to closure of private television channels, arrest of Chief Justices and mass arrests.

Islamabad
Islamabad
Islamabad is the capital of Pakistan and the tenth largest city in the country. Located within the Islamabad Capital Territory , the population of the city has grown from 100,000 in 1951 to 1.7 million in 2011...

:International broadcasts and local phones were blocked in some locations. Additionally, barriers and barbed wires were erected at important points in the capital.

Aitzaz Ahsan

, a member of the Pakistan Peoples Party

Pakistan Peoples Party

The Pakistan Peoples Party , is a democratic socialist political party in Pakistan affiliated with Socialist International. Pakistan People's Party is the largest political party of Pakistan...

(PPP), attorney and president of the Supreme Court Bar Association, was arrested at his home. :Key opposition figures and senior lawyers were also placed under house arrest. It should be noted that all were released in a couple of days time.

Hundreds of students joined in protests led by faculty of Quaid-e-Azam University; they were joined by scores of civil rights activists. Police presence forced students to 'flash demonstrations' and prompt disbanding.

Lahore
Lahore
Lahore is the capital of the Pakistani province of Punjab and the second largest city in the country. With a rich and fabulous history dating back to over a thousand years ago, Lahore is no doubt Pakistan's cultural capital. One of the most densely populated cities in the world, Lahore remains a...

: After the announcement of emergency, police acted swiftly to arrest thousands of lawyers, human rights activists and politicians. Crackdowns were made throughout the night of November 3 to thwart any opposition.

All members of the HRCP, Human Rights Commission of Pakistan, including Asma Jehangir and Salima Hashmi

Salima Hashmi

Salima Hashmi is a Pakistani painter, artist, writer, anti-nuclear weapon activist and a professor who served for four years as the head of the National College of Arts...

were jailed. The Mall Road, where official buildings including Secretariat, Governor House, and the High Court are, remained barricaded at a number of points.

There were protests at all universities of the city, Pakistan's leading university LUMS, Punjab University, Beaconhouse National University, National College of Arts, Government College, Foreman Christian College and others. The students also led the fight on the internet where thousands of blogs unanimously denounced the State of Emergency.

Faisalabad
Faisalabad
Faisalabad , formerly known as Lyallpur, is the third largest metropolis in Pakistan, the second largest in the province of Punjab after Lahore, and a major industrial center in the heart of Pakistan. Before the foundation of the city in 1880, the area was very thinly populated. The population has...

: Heavy contingents of police were deployed in the eight major bazaars of the city and the district courts. Hundreds of lawyers, civil rights activists, journalists, media persons and political activists protested, prompting brutal use of force and baton charging by police. Police also sealed the courts and the press club.

Sialkot

Sialkot

Sialkot is a city in Pakistan situated in the north-east of the Punjab province at the foothills of snow-covered peaks of Kashmir near the Chenab river. It is the capital of Sialkot District. The city is about north-west of Lahore and only a few kilometers from Indian-controlled Jammu.The...

Opposition leader khawaja mohammad asif, Member of the National Assembly (MNA), was placed under house arrest shortly after the declaration of emergency.He had been arrested, by order of the Pakistan Army, and taken to an undisclosed location. Khawaja Asif is a member of the Pakistan Muslim League (N)

Pakistan Muslim League (N)

The Pakistan Muslim League is a conservative political party in Pakistan, affiliated with Western conservatism...

(PML(N)), the party headed by exiled Prime Minister Nawaz Sharif

Nawaz Sharif

Mian Mohammad Nawaz Sharif is a Pakistani conservative politician and steel magnate who served as 12th Prime Minister of Pakistan in two non-consecutive terms from November 1990 to July 1993, and from February 1997 to October 12, 1999...

..He was elected for his third term as MNA from a PML(N) seat and is currently a member of Parliament of Pakistan

Peshawar

Peshawar is the capital of Khyber-Pakhtunkhwa and the administrative center and central economic hub for the Federally Administered Tribal Areas of Pakistan....

Army pickets were established in Peshawar

Peshawar

Peshawar is the capital of Khyber-Pakhtunkhwa and the administrative center and central economic hub for the Federally Administered Tribal Areas of Pakistan....

, the capital of North-West Frontier Province

North-West Frontier Province

Khyber Pakhtunkhwa , formerly known as the North-West Frontier Province and various other names, is one of the four provinces of Pakistan, located in the north-west of the country...

bordering Afghanistan

Afghanistan

Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...

. Hundreds of protesters joined processions led by the local Awami National Party

Awami National Party

The Awami National Party is an Pashtun nationalist, socialist, centre-left political party in Pakistan affiliated with Socialist International...

forcing police to arrest all local political leadership of opposition parties to crush demonstrations.

Karachi

Karachi is the largest city, main seaport and the main financial centre of Pakistan, as well as the capital of the province of Sindh. The city has an estimated population of 13 to 15 million, while the total metropolitan area has a population of over 18 million...

Reports from inside Karachi state that the situation remained peaceful and not entirely different than any other weekend.

Quetta

is the largest city and the provincial capital of the Balochistan Province of Pakistan. Known as the "Fruit Garden of Pakistan" due to the diversity of its plant and animal wildlife, Quetta is home to the Hazarganji Chiltan National Park, which contains some of the rarest species of wildlife in the...

The police also picked up five lawyers from southwestern Quetta, who were known as staunch supporters of Chaudhry.

Nationalist opposition leaders Mehmood Khan Achakzai and Qadir Magsi were detained in their home towns in southern Pakistan.

BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...

: On 3 November 2007, BBC opened debate on the Emergency and more than 10,000 comments were received, many against emergency rule.BBC
By the end of 5 November 2007 over 3,500 people had been arrested. Most of these were lawyers, civil rights leaders and members of the political parties. But almost all of them were soon released and by the time the emergency ended, all arrested had been released. UN
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

High Commissioner for Human Rights Louise Arbour
Louise Arbour
Louise Arbour, is the former UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda...

also reported that a Pakistani UN official, Asma Jahangir
Asma Jahangir
Asma Jilani Jahangir is a leading Pakistani lawyer, advocate of the Supreme Court of Pakistan, President Supreme Court Bar Association of Pakistan and human rights activist, who works both in Pakistan and internationally to prevent the persecution of religious minorities, women, and exploitation...

, was among the judicial and political officials detained. The vast majority of the detained were released within a two week period and the remainder released in the following days.
On November 14, 2007, former cricketer
Cricketer
A cricketer is a person who plays the sport of cricket. Official and long-established cricket publications prefer the traditional word "cricketer" over the rarely used term "cricket player"....

and Opposition Leader Imran Khan
Imran Khan
Imran Khan Niazi is a Pakistani politician and former Pakistani cricketer, playing international cricket for two decades in the late twentieth century. After retiring, he entered politics...

arrived at Punjab University
University of the Punjab
University of the Punjab , colloquially known as Punjab University, is located in Lahore, Punjab, Pakistan. The University of the Punjab is the oldest and biggest University of Pakistan. The University of the Punjab was formally established with the convening of the first meeting of its...

to take part in a protest with the students. However, Imran Khan's presence enraged some students, who felt he was attempting to take credit for their efforts and also because the students had previously made it clear that politicians were not welcome in their protests. As a result, some students of the Opposition Jamaat-e-Islami
Jamaat-e-Islami
This article is about Jamaat-e-Islami Pakistan. For other organizations of similar name see Jamaat-e-Islami The Jamaat-e-Islami , is a Pro-Muslim political party in Pakistan...

party manhandled Imran Khan soon after his arrival, locked him up in the University
University
A university is an institution of higher education and research, which grants academic degrees in a variety of subjects. A university is an organisation that provides both undergraduate education and postgraduate education...

for around two hours, and later handed him over to the local police.

While some Pakistani expatriate
Expatriate
An expatriate is a person temporarily or permanently residing in a country and culture other than that of the person's upbringing...

s called 3 November 2007 a Black Day in the History of Pakistan, when General Musharraf declared a state of emergency in Pakistan, other expatriate Pakistanis supported Musharraf's decision to impose a brief emergency rule in Pakistan and held pro-Musharraf rallies in London, Toronto, Brussels, and other Western cities.

Ban on media

With the imposition of emergency a media blackout followed. National channels like ARY One World

ARY One World

ARY News is a Dubai-based Pakistani news channel launched in 26 September 2004. A bilingual news channel in English and Urdu, it is a part of the ARY Digital Network, which is a subsidiary of ARY Group. It has a large audience and one main competitor in Geo News...

, GEO TV

Geo TV

Geo TV or Geo Television is a Pakistani television network, founded by Mr. Mir Shakil ur Rehman in May 2002 and owned by Independent Media Corporation. The channel began test transmission on 14 August 2002, with regular transmission beginning 1 October 2002...

, Aaj tv

AAJ TV

AAJ TV is a 24 hour Pakistani news television channel. Aaj in English means "Today".-Channel and its Programmes:AAJ News was initially started on March 23, 2005 by the Business Recorder Group...

and other channels were also blocked. General Musharraf maintained that these channels were creating discord, misrepresenting facts, were not responsible, and were contributing to the instability of the nation. The Government also cracked down on international channels like BBC

BBC

The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...

and CNN

CNN

Cable News Network is a U.S. cable news channel founded in 1980 by Ted Turner. Upon its launch, CNN was the first channel to provide 24-hour television news coverage, and the first all-news television channel in the United States...

. ARY reported that authorities in Dubai

Dubai

Dubai is a city and emirate in the United Arab Emirates . The emirate is located south of the Persian Gulf on the Arabian Peninsula and has the largest population with the second-largest land territory by area of all the emirates, after Abu Dhabi...

had asked the network’s administration to close down its operations. The network said no reason had been given for the move.
The government expelled three journalists from the British news paper the Daily Telegraph after calling general Musharraf "our son of a bitch". This is an allusion to Franklin D. Roosevelt

Franklin D. Roosevelt

Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...

's defence of Nicaragua's heavy-handed but U.S.-backed dictator, Anastasio Somoza García

Anastasio Somoza García

Anastasio Somoza García was officially the President of Nicaragua from 1 January 1937 to 1 May 1947 and from 21 May 1950 to 29 September 1956, but ruled effectively as dictator from 1936 until his assassination.-Biography:Somoza was born in San Marcos, Carazo Department in Nicaragua, the son of...

. However this is still viewed as an extremely severe insult in Pakistan.

On 21 November 2007 two thousand detainees under the Emergency were released, but 3,000 remained in detention, according to London's Metro newspaper. Musharraf’s Govt. also arrested moderate groups of society such as human rights activists and lawyers.http://www.csmonitor.com/2005/0413/p06s01-wosc.html.

Effect on the economy

The Pakistani stock market was the first to react, with the Karachi Stock Exchange

Karachi Stock Exchange

The Karachi Stock Exchange or KSE is a stock exchange located in Karachi, Sindh, Pakistan. It is Pakistan's largest and oldest stock exchange, with many Pakistani as well as overseas listings. Currently located in Stock Exchange Building on Stock Exchange Road, in the heart of Karachi's Business...

(KSE) falling by more than 4.6% on the first day of the emergency.

Investors in the United Kingdom pulled back $26.27 million while investors in the United States withdrew $51.93 million. It is estimated that more than $235 million in total were withdrawn from the KSE during the emergency.

Standard & Poor's

Standard & Poor's

Standard & Poor's is a United States-based financial services company. It is a division of The McGraw-Hill Companies that publishes financial research and analysis on stocks and bonds. It is well known for its stock-market indices, the US-based S&P 500, the Australian S&P/ASX 200, the Canadian...

Ratings Services also revised its outlook on the long-term foreign and local currency sovereign credit ratings of Pakistan from stable to negative.

The Dutch government froze development aid to Pakistan in response to the imposition of emergency rule. Deputy Minister for Development Bert Koenders

Bert Koenders

Albert Gerard "Bert" Koenders is a former Dutch politician. He was Minister for Development Cooperation of the Netherlands from 2007 until 2010...

decided to suspend the remainder of the €15 million (US$22 million) that had yet to be paid in 2007.

Opposition leaders

The AP

Associated Press

The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...

reported that Benazir Bhutto

Benazir Bhutto

Benazir Bhutto was a democratic socialist who served as the 11th Prime Minister of Pakistan in two non-consecutive terms from 1988 until 1990 and 1993 until 1996....

was greeted by supporters chanting slogans at the airport.
After staying in her plane for several hours she was driven to her home in Karachi

Karachi

, accompanied by hundreds of supporters. On November 8, Bhutto was placed under house arrest

House arrest

In justice and law, house arrest is a measure by which a person is confined by the authorities to his or her residence. Travel is usually restricted, if allowed at all...

by the Pakistani government.

After one day the house arrest was lifted. Bhutto said that the election date set of 15 February 2008 was "too vague" and planned to undertake a "long march" in car procession around Pakistan, as she did before, protesting against Nawaz Sharif

Nawaz Sharif

. The Army cautioned her against this, citing the risk of further suicide bomb attacks.
On 12 November 2007 she was again placed under house arrest for a week to prevent this happening. Musharraf also gave the election date as 9 January 2008. Bhutto rejected this as being too soon after emergency rule. Subsequently Bhutto was released from house arrest again, but the Daily Jang (20 Nov.07) reported the Attorney General, Mohammed Qayyum as saying that five writs were to be heard to revoke her immunity from prosecution on corruption charges, which claim that only the judiciary had the right to grant immunity not President Musharraf.
Qayyum described them as "likely to succeed". Bhutto had by 25 November filed nomination papers for the 8 January elections, despite not confirming her intention to boycott them.

Former Prime Minister Nawaz Sharif

Nawaz Sharif

said that "Imposing emergency is another form of terrorism." The acting head of the former Prime Minister's political party, Javed Hashmi

Javed Hashmi

Makhdoom Muhammad Javed Hashmi is a Pakistani political scientist, geostrategist, statesman, and the central public figure of the PML...

, who was arrested, stated, "People will win. Generals will lose. They have to surrender."
On 23 November 2007 it was announced in the Guardian that Nawaz Sharif would return to Pakistan after the King of Saudi Arabia reportedly told Musharraf that they would not keep him in Saudi Arabia and he landed in Lahore on 25 November in a Saudi aircraft, with his wife, Kulsoom and brother Shabaz. He said that he wishes to restore democracy from dictatorship, but did not say whether he would boycott the elections in January. Neither did Bhutto, but she had already filed nomination papers. Sharif filed nomination papers the day after his return, but said that he would not serve as Prime Minister under Musharraf.

Former cricket star turned politician Imran Khan

Imran Khan

Imran Khan Niazi is a Pakistani politician and former Pakistani cricketer, playing international cricket for two decades in the late twentieth century. After retiring, he entered politics...

was held under house arrest, which he subsequently escaped to join a student rally in Lahore. He was detained by students from Jamaat-e-Islami

Jamaat-e-Islami

This article is about Jamaat-e-Islami Pakistan. For other organizations of similar name see Jamaat-e-Islami The Jamaat-e-Islami , is a Pro-Muslim political party in Pakistan...

until arrested by police on charges of terrorism, for calling on Pakistanis to "rise up and overthrow" the Government. On 21 November 2007, he was released and his party boycotted the forthcoming elections.

The Minister of the State for Information, Tariq Azim Khan

Tariq Azim Khan

Tariq Azim Khan was Pakistan's Deputy Information Minister under Pervez Musharraf. His duties included speaking with foreign media.-Citations:...

, said on television media that the elections in Pakistan

Pakistani general election, 2008

scheduled for January would be delayed indefinitely. President Musharraf later announced that elections would be held by mid-February.

Judges

The new Provisional Constitutional Order required judges to retake an oath of allegiance to Musharraf. Many refused to do so, including 15 Supreme Court judges. Additionally, only a fraction of the judges in Pakistan's provinces took the new oath: in Punjab

Punjab (Pakistan)

Punjab is the most populous province of Pakistan, with approximately 45% of the country's total population. Forming most of the Punjab region, the province is bordered by Kashmir to the north-east, the Indian states of Punjab and Rajasthan to the east, the Pakistani province of Sindh to the...

12 out of 31, in Sindh

Sindh

Sindh historically referred to as Ba'ab-ul-Islam , is one of the four provinces of Pakistan and historically is home to the Sindhi people. It is also locally known as the "Mehran". Though Muslims form the largest religious group in Sindh, a good number of Christians, Zoroastrians and Hindus can...

4 out of 27, in the North-West Frontier Province

North-West Frontier Province

Khyber Pakhtunkhwa , formerly known as the North-West Frontier Province and various other names, is one of the four provinces of Pakistan, located in the north-west of the country...

7 out of 15, and in Balochistan

Balochistan (Pakistan)

Balochistan is one of the four provinces or federating units of Pakistan. With an area of 134,051 mi2 or , it is the largest province of Pakistan, constituting approximately 44% of the total land mass of Pakistan. According to the 1998 population census, Balochistan had a population of...

5 out of 11 retook their oaths.

On November 6 Pakistan's Chief Justice Iftikhar Chaudhry, who was under house arrest, spoke by phone to a group of 500 lawyers. In his statement he said that the constitution had been "ripped to shreds" and that the people should "rise up and restore" it. He added that while he is under guard, he will soon "join you in your struggle."

It was alleged that the government used blackmail to get judges to take oath under the new PCO. Videos were sent out to at least three of the 11 judges as they were whether General Pervez Musharraf was eligible to run for president.

Around 60 judges refused to take the oath under the "PCO", which includes a statement that no judgment can be passed against any government even if found guilty.

On 20 November 2007 it was reported in the Daily Jang

Daily Jang

The Daily Jang is an Urdu newspaper based in Pakistan. It is the oldest newspaper of Pakistan in continuous publication since its foundation in 1939. Its current Group Chief Executive & Editor-in-Chief is Mir Shakil-ur-Rahman....

that a newly appointed Supreme Court had dismissed five writs challenging Musharraf's confirmation as president and was waiting to adjudicate the sixth. Another from the Pakistan Peoples Party

Pakistan Peoples Party

The Pakistan Peoples Party , is a democratic socialist political party in Pakistan affiliated with Socialist International. Pakistan People's Party is the largest political party of Pakistan...

was withdrawn as the originators do not recognize the new court. The Court has threatened to revoke the license of any lawyer not recognizing its authority. Packing the Supreme Court with supporters is not unusual. Previously Musharraf appointed Iftikar Chaudhry as his nominee and the previous prime minister Nawaz Sharif

Nawaz Sharif

also packed the judiciary with his sympathizers.

All judges were restored after elections were held.

Religious leaders

Qazi Hussain Ahmed called for protests in order to overthrow "the military dictator

Dictator

A dictator is a ruler who assumes sole and absolute power but without hereditary ascension such as an absolute monarch. When other states call the head of state of a particular state a dictator, that state is called a dictatorship...

," during a speech near the outside of Lahore

Lahore

Lahore is the capital of the Pakistani province of Punjab and the second largest city in the country. With a rich and fabulous history dating back to over a thousand years ago, Lahore is no doubt Pakistan's cultural capital. One of the most densely populated cities in the world, Lahore remains a...

to 20,000 of his followers. He is an Islamic leader of MMA

Muttahida Majlis-e-Amal

Muttahida Majlis-e-Amal is a coalition of Islamist parties that was formed in 2002 to electorally challenge the Pakistan Parliament's incumbent parties...

, a religious alliance opposing Musharraf.

Lawyer community strike

Deposed chief justice Iftikhar Muhammad Chaudhry

Iftikhar Muhammad Chaudhry

called on lawyers nationwide on November 11 to defy baton-wielding police and protest President Gen. Pervez Musharraf's imposition of emergency rule.

"Go to every corner of Pakistan and give the message that this is the time to sacrifice," Iftikhar Muhammad Chaudhry, who is under virtual house arrest in Islamabad, told lawyers by mobile phone. "Don't be afraid. God will help us and the day will come when you'll see the constitution supreme and no dictatorship for a long time."

The President of the Supreme Court Bar Association and other legal leaders were taken into custody immediately after the imposition of emergency rule. As a result, the Pakistan lawyer community called for a nationwide strike on November 5, 2007 against Musharraf's decision to impose emergency rule.

International

The immediate response from most countries was critical, with the measures viewed as running counter to liberal-democratic reforms.

PCO Judges case

On July 31, 2009, the Supreme Court of Pakistan

Supreme Court of Pakistan

declared the steps taken on November 3, 2007, by former president Pervez Musharraf as illegal and unconstitutional under the Article 279 of the Constitution. The judgment came after the 14-judge larger bench headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry completed the hearing of constitutional petitions regarding PCO judges, appointments of judges of higher judiciary and November 3, 2007, steps. The decision's short announcement also stated that the results of Pakistani general election, 2008

Pakistani general election, 2008

, held on 18 February, will be given judicial protection and that President Asif Ali Zardari

Asif Ali Zardari

Asif Ali Zardari is the 11th and current President of Pakistan and the Co-Chairman of the ruling Pakistan Peoples Party . He is also the widower of Benazir Bhutto, who served two nonconsecutive terms as Prime Minister....

will not have to take a presidential oath again. However the court has some reservations about how the Ordinances including the controversial National Reconstruction Ordinance (NRO), were handled by the interim Supreme Court during the emergency Period, but present government was given 120 days to regularise them through parliament.

Lawyers and advocates celebrated after the announcement was made by the Supreme Court of Pakistan. Musharraf was summoned by the court, but his lawyers did not appear because in their opinion he did not receive the court summons. The verdict was also welcomed by the spokesperson to the President former Senator 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."

Literature

Schoresch Davoodi & Adama Sow: The Political Crisis of Pakistan in 2007 - EPU
European University Center for Peace Studies
European Peace University is a private university in Stadtschlaining, Austria.The institution was founded in 1988 as European University Center for Peace Studies by Gerald Mader in his capacity as president of the ASPR, with the support of European UNESCO commissions, and is affiliated to the...

Research Papers: Issue 08/07, Stadtschlaining 2007

External links

Movement for Rule of Law, Related to Lawyers Movement Pakistan.
Emergency 2007 on Wiki Pakistan
Text of Pakistan emergency declaration
English Summary of the Speech
Pakistan's Lawless Plight: Prescription for Another Coup?, JURIST
JURIST
JURIST is an online legal news service hosted by the University of Pittsburgh School of Law, powered by a staff of more than 40 law students working in Pittsburgh and other US locations under the direction of founding Publisher & Editor-in-Chief Professor Bernard Hibbitts, Research Director Jaclyn...

, November 4, 2007
Pakistan's 'Proclamation of Emergency', the Judiciary and Other Stories, JURIST
JURIST
JURIST is an online legal news service hosted by the University of Pittsburgh School of Law, powered by a staff of more than 40 law students working in Pittsburgh and other US locations under the direction of founding Publisher & Editor-in-Chief Professor Bernard Hibbitts, Research Director Jaclyn...

. November 3, 2007
Martial Law by Another Name in Pakistan, JURIST
JURIST
JURIST is an online legal news service hosted by the University of Pittsburgh School of Law, powered by a staff of more than 40 law students working in Pittsburgh and other US locations under the direction of founding Publisher & Editor-in-Chief Professor Bernard Hibbitts, Research Director Jaclyn...

, November 2, 2007
Provisional Constitution Order (constitutional articles suspended). Farrukh Malik. http://drfarrukhhmalik.wordpress.com|Silence. November 3, 2007

TV Broadcast

Geo television live video broadcast

The source of this article is wikipedia, the free encyclopedia. The text of this article is licensed under the GFDL.

Background

Declaration of a state of emergency

Text of the Proclamation of Emergency

Text of Provisional Constitutional Order 2007

Supreme Court Validates Presidential Elections, PCO and Emergency

Supreme Court and PCO 2007

Speech to the nation

Impact on Higher Judiciary

Events during the state of emergency

Ban on media

Effect on the economy

Opposition leaders

Judges

Religious leaders

Lawyer community strike

International

PCO Judges case

See also

Literature

External links

TV Broadcast