billiee thalay say baher aa rahee hai.. ( the cat is coming out of the bag)...
bhayee.. the ex CJ also gave some orders invalidating the unconsitutional steps of the unprecedented dictator, the great Musharaf.
So what about the effectiveness of those orders which came before any other orders..
How can Iftikhar give any orders, as he had no time to give any orders, and all his orders regarding emergency is invalid. Just imagine:
**If Iftikhar gave an order before emergency: **then that order is invalid as his order was against something that did not exist at the time.
There is no law where a judgment can be made before something has happened, or entirely on intention. For instance, Iftikhar could not have given order against emergency or something happening due to emergency before emergency was declared and if he did, that does not have any meaning any legal value.
**If Iftikhar gave order after emergency was declared: **That he could not have given, as once emergency was declared, he ceased to be a judge unless he takes fresh oath on PCO. Since he was no more a sitting judge after emergency was declared, all his judgments and orders are meaningless.
Once emergency was declared, constitution Iftikhar took oath went in abeyance (got suspended), and that means Iftikhar did not had any constitutional right to judge anything or anyone once emergency was declared. In such situation, his judgments are as good as judgment of any person on road.