Provisional Constitution Order No.1 OF 1999
ISLAMABAD, Oct 15 (APP): In pursuance of Proclamation of the 14th day
of October, 1999, and in exercise of all powers enabling him in that behalf,
the Chairman Joint Chiefs of Staff Committee and Chief of Army Staff and
Chief Executive of the Islamic Republic of Pakistan under the Proclamation
of Emergency of 14th day of October 1999 (hereinafter referred to as the
Chief Executive) is pleased to make and promulgate the following Order.
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This
Order may be called Provisional Constitution Order No.1 of 1999.
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It
extends to the whole of Pakistan.
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It
shall come into force at once.
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Notwithstanding
the abeyance of the provisions of the Constitution of the Islamic
Republic of Pakistan,hereinafter referred to as the Constitution,
Pakistan shall, subject to this Order and any other Orders made
by the Chief Executive, be governed, as nearly as may be, in
accordance with the Constitution.
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Subject
as aforesaid, all courts in existence immediately before the
commencement of this Order shall continue to function and to
exercise their respective powers and jurisdiction: Provided
that the Supreme Court or High Courts and any other court shall
not have the powers to make any order against the Chief Executive
or any person exercising powers or jurisdiction under his authority.
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The
Fundamental Rights conferred by Chapter I of Part II of the
Constitution, not in conflict with the Proclamation of Emergency
or any Order made thereunder from time to time shall continue
to be in force.
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Notwithstanding
the abeyance of the provisions of the Constitution, but subject to the
Orders of the Chief Executive all laws other than the Constitution shall
continue in force until altered, amended or repealed by the Chief Executive
or any authority designated by him.
The
Proclamation of Emergency issued on 28th day of May 1998, shall continue
but subject to the provisions of Proclamation of Emergency dated 14th
day of October 1999 and this Provincial Constitution Order and any other
Order made thereunder.
All persons
who, immediately before the commencement of this Order, were in the service
of Pakistan as defined in Article 260 of the Constitution and those persons
who immediately before such commencement were in office as Judge of the
Supreme Court, the Federal Shariat Court or a High Court or Auditor-General
or Ombudsman and Chief Ehtesab Commissioner, shall continue in the said
service on the same terms and conditions and shall enjoy the same privileges,
if any.
"Proclamations of Emergency"
ISLAMABAD, Oct 15 (APP): In pursuance of
deliberations and decisions of Chiefs of Staff of the Armed Forces and
Corps Commanders of Pakistan Army, I General Pervez Musharraf, Chairman
Joint Chiefs of Staff Committee and Chief of Army Staff, Proclaim Emergency
throughout Pakistan and assume the office of the Chief Executive of the
Islamic Republic of Pakistan. I hereby order and proclaim as follows:
- The Constitution of the Islamic Republic of Pakistan shall remain
in abeyance
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The President of Pakistan shall continue
in office
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The National Assembly, the Provincial
Assemblies and Senate shall stand suspended
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The Chairman and Deputy Chairman of the
Senate, the Speaker and Deputy Speaker of the National Assembly and
the Provincial Assemblies shall stand suspended
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The Prime Minister, the Federal Ministers,
Ministers of State, Advisors to the Prime Minister, Parliamentary
Secretaries, the Provincial Governors, the Provincial Chief Ministers,
the Provincial Ministers and the Advisors to the Chief Ministers shall
cease to hold office
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The whole of Pakistan will come under
the control of the Armed Forces of Pakistan.This Proclamation shall
come into force at once and be deemed to have taken effect on and
12th day of October, 1999.
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