Source: Constitutional and

CSS_With_Waqas Political history of Pakistan

Musharraf and the Judiciary

Dividing the Judiciary

Background

● The confrontation between Musharraf and the Judiciary started with the
challenge to the imposing of military rule in October 1999.
● The Chief Justice and five other Judges did not take oath under the
Provisional Constitution Order (PCO) and were forced to resign, while the
remaining seven took the oath.
● The Musharraf regime successfully divided and weakened the Supreme
Court with the help of "insiders,"

Appointment of Justice Irshad Hassan Khan

● Justice Irshad Hassan Khan became the Chief Justice at the expense of
the independence and credibility of the Judiciary.
● His appointment as the Chief Election Commissioner after retirement was
a reward for his loyalty to the military rulers.

Supreme Court under new Chief Justice

● The Supreme Court, under the new Chief Justice, protected and advanced
the interests of the military rulers, justifying the military takeover under
the doctrine of state necessity.
● The matter of judges who refused to take oath under PCO was held to be
a closed and past transaction.
Challenge to appointments of junior judges

● The appointments of junior judges to the Supreme Court were challenged

by the Pakistan Bar Council and the Supreme Court Bar Association.
● However, the appointments were upheld by the successor Chief Justice,
Sheikh Riai Ahmad, without regard to their seniority
● which demolished the principle of seniority in the matter of appointment
of judges.

Referendum to continue in office of President

● In April 2002, Musharraf announced a referendum to continue in the

office of President for five years, which was challenged before the
Supreme Court as unconstitutional.
● However, the Supreme Court declared the petitions premature and left the
consequences of the referendum to be determined at a proper forum.

(The Supreme Court declared these petitions "premature," meaning that

they were filed before the event they were challenging had actually taken
place)

Promulgation of Legal Framework Order

● The repeated verdicts of the Supreme Court favouring Musharraf

encouraged him to make extensive amendments in the Constitution by
promulgating the Legal Framework Order (LFO) on 21 August 2002.
General Elections and the Lahore High Court

● Ahead of the 2002 general elections in Pakistan, the military government

under Musharraf planned to rig the elections.
● They wanted pliable judges who are easily influenced or controlled by the
military to serve as District Returning Officers in Punjab, where
manipulation of results had to take place.
● Justice Falak Sher, who was appointed as Chief Justice of Lahore High
Court by Musharraf, had removed judges of questionable integrity from
 their positions as district and sessions judges and appointed judges known
for their integrity.
● However, the military government did not want such judges and instead
prepared a list of judges who were willing to go along with their plan.
● When Justice Falak Sher refused to appoint those judges, he was removed
from his position and sent to the Supreme Court against an available
vacancy.
● Eventually, Justice Iftikhar Hussain Chaudhry, a junior judge, was
appointed as Chief Justice of Lahore High Court by the military
government.
● He undid all the postings ordered by Justice Falak Sher, removed honest
judges, and posted judges of questionable reputation in the districts as
desired by the military government.
● This appointment further compromised the independence of the judiciary.

Judges Rewarded: Extension in Retirement Age

● In an attempt to reward judges who had helped him consolidate power,

Musharraf extended their service duration by enhancing the age of
retirement by three years.

Struggle of the Bar against LFO

● In 2003, lawyers launched a movement against the Legal Framework

Order (LFO), which extended the retirement age of judges of the Supreme
Court by three years.
● The movement included observing a Black Day, national conventions of
lawyers, and peaceful processions and demonstrations.
● However, Chief Justice Kiaz panicked and ordered government security
agencies to block all access routes to the Supreme Court building, leading
to inconvenience for residents of Islamabad.
● Justice Riaz retaliated by closing the offices and library of the Supreme
Court Bar Association.
● The movement was weakened by an agreement reached between Musharraf
and Muttahida Majlis-e-Amal (MMA), which validated the LFO with minor
changes.
● The agreement between Musharraf and MMA include:

○ The LFO would be amended with some minor changes, including the
restoration of the previous retirement age for judges.
○ The MMA agreed to support Musharraf's Seventeenth Amendment
to the Constitution of Pakistan, which granted him extensive powers,
including the ability to dismiss the prime minister and dissolve the
National Assembly.
○ The MMA agreed to support Musharraf's plans for a National
Security Council, which would be responsible for overseeing
Pakistan's foreign and defence policies.
○ In exchange for their support, the MMA was promised a greater
role in government and increased autonomy for the provinces.

● As a result of this agreement, the retirement age of judges was returned to

its previous age, resulting in ten judges of the superior courts, including
Chief Justice Riaz, retiring in humiliation.
● Musharraf gained power and legitimacy from the Seventeenth Amendment,
which he did not have previously.
Nazim Siddiqui becomes the Chief Justice

● In 2004, Justice Naiim Hussain Siddiqui became the new Chief Justice of
Pakistan, replacing Justice Riai Ahmad.
● He avoided making any important decisions for over a year, but then he
upheld the Seventeenth Amendment and the 'President to hold another
Office Act of 2004' as valid in a disappointing judgement.
● He separated the controversy over the three-year extension in the
retirement age of the judges from the rest of the matter and formed a
special bench to decide it.
● Justice Iftikhar Muhammad Chaudhry was notified as the new Chief Justice
after Siddiqui's retirement.
Chief Justice: Iftikhar Muhammad Chaudhry

● Justice Iftikhar Muhammad Chaudhry became the 20th Chief Justice of

Pakistan and was initially known for his attempts to reduce the backlog of
pending cases in the Supreme Court.
● However, he gained popularity for using his powers to investigate cases
involving human rights abuses and other cases of political and public
importance.
● He investigated cases of land allotments to influential people, restrained
environmental degradation, and prevented parks from being converted into
commercial enterprises.
● He also investigated cases of forced disappearances and ordered the
government to provide details about the whereabouts of missing persons.
● His most notable decision related to the privatization of Pakistan Steel
Mills, where the Supreme Court held the agreement void due to the
privatization process being tainted by the acts of state functionaries,
including the Prime Minister.
● Before his removal on 9 March 2007, he was expected to hear other cases
of national, political, and constitutional importance, including issues related
to presidential elections, the postponement of general elections in 2007,
the legality of the President retaining his position as Chief of Army
Staff, and challenges to the privatisation of national assets.

Suspension of the Chief Justice-Events of 9 March:

The Army House Events

● On March 9, 2007, Pakistani President Musharraf called the Chief Justice

to the Army House, where he was confronted with allegations of
misconduct and given the option to resign or face trial.
● After his refusal to resign, Musharraf ordered his restraint and appointed
an Acting Chief Justice, while filing a reference against the Chief Justice
with the Supreme Judicial Council.
The Allegations Against the Chief Justice

● The reference mainly focused on allegations that the Chief Justice used his
influence to assist his son's career and had more cars than he was entitled
to, among other things.

Response of the Lawyers and Public

● The lawyers felt that the Chief Justice was being victimised due to his
judicial activism

Detention of the Chief Justice

● After being released from Army House, the Chief Justice of Pakistan was
prevented from returning to his office and found his residence surrounded
by police officials and agencies personnel without uniform.
● All his vestiges of office had been removed, and his cars were removed
from his premises.
● He and his family were prevented from leaving their premises, and his
children were prevented from attending school or college.
● The Chief Justice was physically detained alongside his family until 13
March, and his house was bugged, with his staff at the Supreme Court
reportedly missing.
● Musharraf made another order on 15 March ordering the Chief Justice to
be on compulsory leave until the submission of the report by the Supreme
Judicial Council and the President's order thereon.

Supreme Judicial Council Proceedings

● The Supreme Judicial Council held several sessions after its first meeting
on 9 March, with the Chief Justice present on all hearings.
● The Council refused to stay the hearing despite petitions filed before the
Supreme Court challenging the reference to the Council.
● The proceedings before the Council and the Supreme Court were held in
parallel until the Supreme Court eventually stayed the Council's
proceedings on May 7, 2007.
 ● The Supreme Court eventually stayed the Council's proceedings until a
decision had been announced by the full court of the Supreme Court on
the Chief Justice's petition.
● This decision effectively put a halt to the Council's proceedings until the
Supreme Court had resolved the legal issues surrounding the case.

Proceedings before the Supreme Court

● In April 2007, the Chief Justice of Pakistan filed a constitutional petition

challenging President Musharraf's reference against him.
● The petition questioned the competence of the Supreme Judicial Council to
trial the Chief Justice and the actions taken by the Executive against him.
● The government denied the contentions and claimed that all actions taken
were legal. In May, a bench of five judges decided that the full court
would hear the Chief Justice's petition and 22 similar petitions due to the
unprecedented constitutional and legal issues involved.
● The bench also stayed the proceedings of the Council until the case was
heard by the full court of the Supreme Court.
● In June, the Supreme Court deferred its ruling on the maintainability of
the petition against the Presidential Reference and began regular hearings
on the merits of the Chief Justice's petition.
● The government withdrew its objection to the Supreme Court deciding the
issue of the Presidential Reference and handed over all related files and
documents to the thirteen-member full court bench of the Supreme Court.
● In July, the Supreme Court reprimanded government lawyers for filing a
'scandalous' dossier of evidence against the Chief Justice and suspended
the advocate who had filed the evidence.
● The court also banned all unauthorized personnel from entering the courts
and judges' homes, and ordered the Intelligence Bureau to remove all
bugging devices from the courts and judges' homes.

Chief Justice Restored

● In July 2007, Pakistan's Supreme Court announced its verdict on a petition

filed by Chief Justice Iftikhar Muhammad Chaudhry.
● Additionally, the court declared the appointments of Acting Chief Justices
of Pakistan to have been made without lawful authority but allowed them
to continue working to prevent any disruption to the ordinary functioning
of the Supreme Court.
● The court did not address the issue of the Chief Justice's accountability
and stated that other legal and constitutional issues would be addressed in
due course.
● By a majority of 10 to 3, the court allowed the Chief Justice's petition,
set aside the President's direction, and deemed the Chief Justice to have
always been holding the office.
Reaction to these Events by the Public and the Legal
Profession

● In March 2007, the mistreatment of the Chief Justice by President

Musharraf in Pakistan caused widespread protests and condemnation from
the legal profession and the public.
● The Supreme Court Bar Association and the Pakistan Bar Council passed
resolutions condemning Musharraf's actions as unconstitutional, and
several petitions were filed in the Supreme Court challenging their legality.
● Despite the government's assertion that the President's actions were
lawful and constitutional, many judges and law officers resigned in protest
against Musharraf's actions.

Protests:

● The protests began on March 12, 2007, and grew as members of civil
society and political parties joined in.
● The police responded with force and brutality, arresting and detaining
hundreds of people and limiting citizens' ability to participate in protests.
● The involvement of civil society was widespread, and there were violent
protests in Karachi on May 12, resulting in the death of 48 people and
hundreds of injuries.
● The Human Rights Commission of Pakistan accused the government of
attempting to silence civil society and deny freedom of expression and
association.

Media

● Since March 9, 2007, the media in Pakistan has been subject to several
restrictions.
● Private television channels, Aaj TV and GEO, were taken off air on March
12 after receiving a warning from PEMRA for showing pictures of police
baton-charging protesting lawyers in Lahore.
 ● Live coverage of events relating to the Chief justice was banned from
that point onward.

Judicial Orders and Proceedings Flouted

● The judgement in the Chief Justice case initially brought hope for
independence of the judiciary in Pakistan and the common man's ability to
seek justice.
● However, this hope was short-lived, as the government continued to
oppress opposition leaders like Nawaz and Shahbaz Sharif.
● The Supreme Court ruled in favor of the Sharifs, but they were not able
to return to Pakistan immediately. When Nawaz Sharif finally announced his
return, he was arrested and deported to Saudi Arabia.
● On the same day, MQM workers stormed the courtroom of the Sindh High
Court, preventing a judicial enquiry into the Karachi carnage. This indicated
that the Musharraf regime was willing to flout judicial orders and
proceedings.

Dual office law

● In August and September 2007, several petitions were filed challenging the
legality of the dual office law and Musharraf's qualification to hold the
position of President of Pakistan.
● It was argued that the outgoing assemblies could not form a valid Electoral
College and that Musharraf was disqualified from running for a third term.
● The chief judge put together a team of nine judges to hear these
complaints.
● After two weeks of talking about it, six of the judges said the complaints
were not okay, but three judges disagreed and said the complaints were
important.
Justice Wajihuddin Ahmad Case

● During this time, Justice Wajihuddin Ahmad, a former judge of the

Supreme Court, was requested to run for president against Musharraf to
challenge his eligibility and qualification for the office.
● Wajihuddin submitted his nomination papers, which were met with
protests and police brutality.
● Wajihuddin filed a constitution petition challenging the acceptance of
Musharraf's nomination papers, which was heard by an eleven-member
bench of the Supreme Court.
● However, Musharraf declared an emergency before the verdict could be
announced, fearing that the court might rule against him.

Musharraf's Election

● In October 2007, Pervez Musharraf won a one-sided election according to

unofficial counts of the Chief Election Commissioner.
● The Electoral College had already been depleted by the resignations of
members of most opposition parties before the election.
● The PPP abstained from voting, despite having fielded Amin Fahim as their
Presidential candidate.
● Musharraf received 671 votes out of a total of 1170 member electoral
college. He claimed to have polled 57% of the votes in his speech on 3
November 2007, while imposing emergency in Pakistan.
● Applying the weightage formula to these votes, according to the Second
Schedule of the Constitution, he had polled 55.4% of the votes.

Musharraf's Coup against Judiciary: Emergency and PCO

● On November 3, 2007, Musharraf declared a state of Emergency in

Pakistan, citing reasons such as terrorism, judicial interference in
government policies, and judges overstepping their authority.
● He also promulgated the Provisional Constitution Order (PCO) No. 1 of
2007, which suspended fundamental rights and allowed the President to
amend the Constitution.
 ● The Supreme Court and High Courts were stripped of their power to make
orders against the President and Prime Minister.
● The Emergency and PCO were seen as a move to prevent the Supreme Court
from ruling against Musharraf's eligibility to contest the presidential
election and to stop the hearing of cases related to missing persons and
contempt of court against officials.
● This was the first time a military ruler in Pakistan imposed martial law
against their own government.
● The Emergency and PCO were also used to curb media freedom. Leading TV
channels were taken off the air by cable operators on the orders of the
federal government.

Judges Oathed Out

● On November 3, 2007, the Oath of Office (Judges) Order was enacted in

Pakistan, which stated that judges who refused to take oath under the
Provisional Constitution Order (PCO) would lose their office.
● Only five judges of the Supreme Court took oath under the PCO, with
Justice Abdul Hameed Dogar becoming the new Chief Justice.
● the Chief Justice and 21 other judges of the Lahore High Court took oath
under the PCO, while all judges of the Balochistan High Court took the oath.
● In total, only 32 out of 95 judges took oath under the PCO, with the rest
remaining loyal to their oath under the Constitution, even while under house
arrest.
● This event demonstrated the courage, conviction, and commitment of the
judiciary in upholding the Constitution and resisting unconstitutional acts by
a military dictator.

Crackdown on Lawyers and the Lawyers' Movement

● The imposition of an unconstitutional Emergency law and PCO in Pakistan

led to a crackdown on lawyers and the arrest and detention of thousands of
lawyers in November 2007.
 ● However, the lawyers' movement for the restoration of the Constitution
and judges as on 2 November was launched under the leadership of the
Pakistan Bar Council (PBC).
● The lawyers' movement was supported by former judges of the superior
courts, who called for the country to return to the Constitution prior to 3
November and to restore the judiciary as on 2 November.
● The lawyers also condemned the blacking out of TV channels, gagging of
media, and draconian amendments in the PEMRA Ordinance.
● The lawyers' movement vowed to continue their struggle until the end of
the military rule in Pakistan and to prosecute Musharraf for subverting the
Constitution and committing high treason under Article 6 of the
Constitution.

Musharraf's Emergency Rule

● In November 2007, Pakistani President Pervez Musharraf proclaimed a

state of emergency and imposed emergency rule.
● This move was met with widespread protests and condemnation within
Pakistan, while the US government continued to support Musharraf.
● Musharraf amended the Army Act, giving the army the power to court
martial civilians, dissolved the National Assembly, and shut down private TV
channels.
● He also amended the constitution to give himself blanket immunity for any
subversion of the constitution and inserted a clause to create a high court
in Islamabad.
● These actions were considered unconstitutional by many, and the
constitution cannot be amended through individual orders and ordinances.
● Musharraf's emergency rule was eventually lifted in December 2007, and
new elections were held in 2008.

Musharraf Quits as COAS and Emergency Lifted

● In November 2007, General Pervez Musharraf, the President of Pakistan,

declared a state of emergency and suspended the country's constitution.
He also removed a number of judges from their positions.
 ● Musharraf resigned as head of the army and became a civilian president
on November 29.
● He announced that emergency rule would be lifted on December 16, and
that elections would be held on January 8, 2008.
● On December 15, the constitution was restored with several amendments
made by Musharraf between November 3 and December 15.
● These amendments included allowing Musharraf to seek re-election as
president and reducing the minimum age requirement for appointment of a
High Court judge.
● Musharraf's actions were controversial and led to widespread protests in
Pakistan.

General Elections: Whether or not to Boycott

● General Elections announced to be held in Pakistan before January 9, 2008

● Nomination papers to be filed between November 21 to 26, giving little time
to political parties to prepare
● The Pakistan Peoples Party (PPP) decided to participate
● The All Parties Democratic Movement (APDM) decided to boycott the
elections, including parties like PML(N), Jamaat-e-Islami, Pakistan Tehreek-
e-Insaf (PTI), and Pukhtun Khawa Milli Awami Party (PMAP)
● A joint committee formed to prepare a charter of demands to be made
before the Musharraf government after meeting with Benazir Bhutto
● APDM and PPP could not agree on the demand for restoration of judges,
resulting in PML(N) opting out of APDM and deciding to participate in the
elections
● The Awami National Party (ANP) and some parties of MMA also decided to
participate.

Assassination of Benazir

● Benazir Bhutto was assassinated on the evening of 27 December 2007,

after addressing a public gathering in Rawalpindi.
● She was hit by an assassin's bullets, followed by a bomb blast outside her
vehicle. Her exact cause of death remains a mystery as no autopsy was
carried out.
● Her body was quickly buried in the mausoleum of her father, Zulfikar Ali
Bhutto, and protests, violence, arson, and killings erupted throughout the
country, particularly in Sindh, from 28 December to 30 December.
● On 30 December, her husband, Asif Ali Zardari, announced that their son
Bilawal would succeed her as the chairperson of PPP and disclosed a hand-
written will by Benazir appointing Zardari as her political successor.
● It was also announced that PPP would participate in the general elections to
be held on 8 January 2008.
● PML(N) initially announced a boycott of the elections but later decided to
participate following Zardari's announcement.
 SHORT NOTES
"Musharraf and the Judiciary"

Background
● Military rule in October 1999
● Division in Judiciary
○ Chief Justice and 5 judges refused to take oath under Provisional
Constitution Order (PCO)
○ The remaining 7 judges took the oath

Appointment of Justice Irshad Hassan Khan

● Appointment as Chief Justice Irshad Hassan Khan after retirement
● His loyalty to the military rulers

Supreme Court under new Chief Justice

● Protecting and advancing military rulers' interests
● Doctrine of state necessity
● Matter of judges who refused to take oath under PCO closed transaction

Challenge to appointments of junior judges

● Appointments challenged by Pakistan Bar Council and Supreme Court Bar
Association
● Appointments upheld by successor Chief Justice, Sheikh Riai Ahmad,
without regard to seniority
● Principle of seniority demolished in the appointment of judges

Referendum to continue in office of President

● Musharraf announced a referendum to continue in office of President
● Challenged before the Supreme Court as unconstitutional
● Supreme Court declared the petitions premature

Promulgation of Legal Framework Order

● Extensive amendments in the Constitution by promulgating the Legal
Framework Order (LFO)
 ● Repeated verdicts of Supreme Court favouring Musharraf
● Legal Framework Order (LFO) on 21 August 2002

General Elections and the Lahore High Court

● Military government planned to rig the elections
● Justice Falak Sher removed judges of questionable integrity and appointed
judges known for their integrity
● Justice Falak Sher was removed from his position
● Justice Iftikhar Hussain Chaudhry, a junior judge, appointed as Chief
Justice of Lahore High Court

Judges Rewarded: Extension in Retirement Age

● Musharraf extended service duration by enhancing the age of retirement by
three years

Struggle of the Bar against LFO

● Lawyers launched a movement against the Legal Framework Order (LFO)
● Chief Justice Kiaz ordered security agencies to block all access routes to
the Supreme Court building
● Justice Riaz retaliated by closing offices and library of the Supreme Court
Bar Association
● Agreement reached between Musharraf and Muttahida Majlis-e-Amal
(MMA)

Nazim Siddiqui becomes the Chief Justice

● Justice Naiim Hussain Siddiqui became the new Chief Justice of Pakistan in
2004
● He upheld the Seventeenth Amendment and the 'President to hold another
Office Act of 2004'

Chief Justice Iftikhar Muhammad Chaudhry

● Chief Justice Iftikhar Muhammad Chaudhry's focus on reducing the backlog
of pending cases and investigating cases involving human rights abuses and
other cases of political and public importance
 ● Notable decisions of Chief Justice Iftikhar Muhammad Chaudhry, including
the Pakistan Steel Mills case

Suspension of the Chief Justice-Events of 9 March

● Army House Events
● Allegations of misconduct against the Chief Justice: Chief Justice used his
influence to assist his son's career and had more cars than he was entitled
● Response of the Lawyers and Public: victimisation of chief justice
● Detention of the Chief Justice

Supreme Judicial Council Proceedings

● Sessions of the Supreme Judicial Council
● Proceedings before the Supreme Court

Chief Justice Restored

● Pakistan's Supreme Court announces its verdict on the petition filed by
Chief Justice Iftikhar Muhammad Chaudhry
● The court's ruling on the maintainability of the petition against the
Presidential Reference
● The court's decision on the lawfulness of the direction issued by the
President and the President's Order No.27 of 1970
● The court's ruling on the appointments of Acting Chief Justices of Pakistan
● The court's non-addressing of the issue of Chief Justice's accountability

Reaction to events by the public and legal profession

Protests
● Commencement of protests
● Police brutality and force
● Involvement of civil society
● Violent protests resulting in deaths and injuries
● Human Rights Commission of Pakistan's accusation
Media
● Restrictions on media since March 9, 2007
● Private television channels taken off air
● Live coverage of events banned
Judicial orders and proceedings flouted
● Initial hope for independence of judiciary
● Oppression of opposition leaders
● Ruling in favor of Sharifs but not being able to return to Pakistan
● MQM workers storming the courtroom of the Sindh High Court
● Willingness of Musharraf regime to flout judicial orders and proceedings

Dual office law

● Petitions challenging the legality of the dual office law and Musharraf's
qualification to hold the position of President
● Chief judge putting together a team of nine judges to hear complaints
● Six judges saying complaints was not okay, while three judges disagreeing

Justice Wajihuddin Ahmad Case

● Justice Wajihuddin Ahmad's request to run for president against
Musharraf
● Protests and police brutality against Ahmad
● Wajihuddin filing a constitution petition
● Musharraf declaring an emergency before the verdict

Musharraf's Election
● Musharraf winning a one-sided election
● Depletion of the Electoral College
● PPP abstaining from voting
● Musharraf imposing emergency in Pakistan

Musharraf's Coup against Judiciary: Emergency and PCO

● Declaration of state of Emergency on November 3, 2007
● Promulgation of Provisional Constitution Order (PCO) No. 1 of 2007
● Suspension of fundamental rights and stripping of power of Supreme Court
and High Courts
● Move to prevent Supreme Court from ruling against Musharraf's eligibility
● Curb of media freedom
● First time martial law imposed against own government
Judges Oathed Out
● Enactment of the Oath of Office (Judges) Order
● Judges losing their office if they refused to take oath under the PCO
● Only five judges of the Supreme Court taking oath under the PCO
● Justice Abdul Hameed Dogar becoming the new Chief Justice
● All judges of the Balochistan High Court taking the oath

Imposition of Emergency Law and PCO:

● In November 2007, President Pervez Musharraf proclaimed a state of
emergency and imposed emergency rule.
● The move led to a crackdown on lawyers and the arrest and detention of
thousands of lawyers.
● Musharraf amended the Army Act, dissolved the National Assembly, and
shut down private TV channels.
● He also amended the constitution to give himself blanket indemnity for any
subversion of the constitution and inserted a clause to create a high court
in Islamabad.

Lawyers' Movement:
● The Pakistan Bar Council launched the lawyers' movement for the
restoration of the Constitution and judges on 2 November 2007.
● The movement included a complete strike and boycott of courts until
Saturday 10 November throughout Pakistan.
● The lawyers condemned the blacking out of TV channels, gagging of media,
and draconian amendments in the PEMRA Ordinance.
● The movement vowed to continue their struggle until the end of the military
rule in Pakistan and to prosecute Musharraf for subverting the Constitution
and committing high treason under Article 6 of the Constitution.

Musharraf Quits as COAS and Emergency Lifted:

● Musharraf resigned as head of the army and became a civilian president on
November 29.
● He announced that emergency rule would be lifted on December 16, and that
elections would be held on January 8, 2008.
 ● On December 15, the constitution was restored with several amendments
made by Musharraf between November 3 and December 15.

Law of Legal Practitioners Amended:

● Musharraf amended the Legal Practitioners and Bar Councils Act, 1973 to
limit the independence of the legal profession, transferring disciplinary
powers from Bar Councils to High Courts and the Supreme Court.
● PCO Supreme Court Upholds PCO:
● The PCO Supreme Court, headed by Abdul Hameed Dogar, upheld the PCO
and Emergency of 2007 in Constitution Petitions Nos. 87 and 88 of 2007.

General Elections: Whether or not to Boycott:

● General Elections were announced to be held in Pakistan before January 9,
2008.
● The Pakistan Peoples Party (PPP) decided to participate, while the All
Parties Democratic Movement (APDM) decided to boycott the elections.
● A joint committee was formed to prepare a charter of demands to be made
before the Musharraf government after meeting with Benazir Bhutto.
● APDM and PPP could not agree on the demand for restoration of judges,
resulting in PML(N) opting out of APDM and deciding to participate in the
elections.

Assassination of Benazir:
● Benazir Bhutto was assassinated on the evening of 27 December 2007,
after addressing a public gathering in Rawalpindi.
● On 30 December, her husband, Asif Ali Zardari, announced that their son
Bilawal would succeed her as the chairperson of PPP and disclosed a hand-
written will by Benazir appointing Zardari as her political successor.
● PML(N) initially announced a boycott of the elections but later decided to
participate following Zardari's announcement.