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1.
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(1)
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This Order may be called the Provisional Constitution Order
No. 1 of 2007.
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(2)
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It extends to the whole of Pakistan.
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(3)
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It shall come into force at once.
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2.
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(1)
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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
Order made by the President be governed, as nearly as may be, in accordance
with the Constitution:
Provided that the President may, from time to time, by
Order amend the Constitution, as is deemed expedient;
Provided further that the Fundamental Rights under Articles
9, 10, 15,16,17,19 and 25 shall remain suspended.
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(2)
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Notwithstanding anything contained in the Proclamation of
the 3rd day of November, 2007, or this Order or any other law for the time
being in force all provisions of the Constitution of the Islamic Republic
of Pakistan embodying Islamic injunctions including Articles 2, 2A, 31,
203A to 203J, 227 to 231 and 260 (3) (a) and (b) shall continue to be In
force.
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(3)
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Subject to clause (1) above and the Oath of Office (Judges)
Order, 2007, all courts in existence immediately before the commencement of
this Order shall continue to function and to exercise their respective
powers and jurisdication.
Provided that the Supreme Court or a High Court and any
other court shall not have the power to make any order against the
President or the Prime Minister or any person exercising powers or
jurisdiction under their authority.
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(4)
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All persons who immediately before the commencement of this
Order were in office as judges of the Supreme Court, the Federal Shariat
Court or a High Court, shall be governed by and be subject to the Oath of
Office (Judges) Order, 2007, and such further Orders as the President may
pass.
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(5)
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Subject to clause (1) above, the Majlis-e-Shoora
(Parliament) and the Provincial Assemblies shall continue to function.
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(6)
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All persons who, immediately before the commencement of
this Order, were holding any service, post or office in connection with the
affairs of the Federation ox of a Province, including an All Pakistan
Service, Service in the Armed Forces and any other Service declared to be a
Service of Pakistan by or under Act of Majlis-e-Shoora (Parliament) or of a
Provincial Assembly, or Chief Election Commissioner or Auditor General
shall continue in the said service on the same terms and conditions and
shall enjoy the same privileges, if any, unless these are changed under
Orders of the President.
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3.
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(1)
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No court including the Supreme Court, the Federal Shariat
Court, and the High Courts, and any tribunal or other authority shall call
or permit to be called in question this Order, the Proclamation of
Emergency of the 3rd day of November, 2007, the Oath of Office (Judges)
Order, 2007 or any Order made in pursuance thereof.
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(2)
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No judgment, decree, writ, order or process whatsoever
shall be made or issued by any court or tribunal against the President or
the Prime Minister or any authority designated by the President.
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4.
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Notwithstanding the abeyance of the provisions of the
Constitution, but subject to the Orders of the President, all laws other than
the Constitution, all Ordinances, Orders, Rules, Bye-laws, Regulations,
Notifications and other legal Instruments in force in any part of Pakistan,
whether made by the President or the Governor of a Province, shall continue
in force until altered, amended or repealed by the President or any authority
designated by him.
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5.
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(1)
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An Ordinance promulgated by the President or by the
Governor of a Province shall not be subject to any limitations as to
duration prescribed in the Constitution.
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(2)
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The provisions of clause (1) shall also apply to an
Ordinance issued by the President or by a Governor which was in force
immediately before the commencement of the Proclamation of Emergency of the
3rd day of November, 2007.
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