Chief Executive Order 1, Oath of Office (Judges) Order 2000

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OATH OF OFFICE (JUDGES) ORDER, 2000

ORDER I OF 2000

No.2-2/2000-Min. I 25th January, 2000

Whereas in pursuance of the Proclamation of Emergency of the Fourteenth day of October, 1999, and the Provisional Constitution Order No.l of 1999, as amended, the Constitution of the Islamic Republic of Pakistan has been held in abeyance;

Whereas Pakistan is to be governed, as nearly as may be, in accordance with the Constitution and the Chief Executive has and shall be deemed always to have had, the power to amend the Constitution;

Whereas all Courts in existence immediately before the commencement of this Order have been continued to function and to exercise their respective powers and jurisdiction; subject to the Proclamation of Emergency and Provisional Constitution Order No. 1 of 1999 as amended.

And whereas to enable the Judges of the Superior Courts to discharge their functions, it is necessary that they take Oath of their office;

Now, therefore, in pursuance of the aforesaid Proclamation and Provisional Constitution Order as amended and in exercise of all other powers enabling him in that behalf, the Chief Executive is pleased to make and promulgate the following order:

1. Short title and commencement.--(1) This Order may be called the Oath of Office (Judges) Order, 2000.

(2) It shall come into force at once.

2. Interpretation.--In this Order, "Superior Court" means the Supreme Court of Pakistan or a High Court or the Federal Shariat Court and "Judge" includes Chief Justice.

3. Oath of Judges.--(1) A person holding office immediately before the commencement of this Order as a Judge of superior Court shall not continue to hold that office if he is not given, or does not make, Oath in the form set out in the Schedule, before the expiration of such time from such commencement as the Chief Executive may determine or within such further time as may be allowed by the Chief Executive.

(2) A Judge of Superior Court appointed after the commencement of this order shall, before entering upon office, make oath in the form set out in the Schedule.

(3) A person referred to in clauses (1) and (2) who has made oath as required by these clauses shall be bound by the provisions of this Order, the Proclamation of Emergency of the fourteenth day of October, 1999 and the Provisional Constitution Order No. l of 1999 as amended and, notwithstanding any judgment of any Court, shall not call in question or permit to be called in question the validity of any of the provisions thereof.

(4) A Judge of Supreme Court or Federal Shariat Court shall make the oath before the President/Chief Executive or a person nominated by him and a Judge of High Court shall make the oath before the Governor or a person nominated by him.

  1. The Chief Executive may, for the purpose of removing any difficulties, or for bringing the provisions of this Order into effective operation, make such provisions as he may deem to be necessary or expedient.

  2. The Oath of Office (Judges) Order No. 10, of 1999 is hereby repealed

THE SCHEDULE

CHIEF JUSTICE .OF PAKISTAN OR OF A HIGH COURT

OR JUDGE OF SUPREME COURT OR A HIGH COURT

(Article 3)

(In the name of Allah, the most Beneficent, the most Merciful)

"I------------------------ , do solemnly swear that I will bear true faith and allegiance to Pakistan: .

That, as Chief Justice of Pakistan (or a Judge of Supreme Court of Pakistan or Chief Justice or a Judge of the High Court for the Province of------------------------ I will discharge my duties and perform my functions honestly and to the best of my ability and faithfully in accordance with the Proclamation of Emergency of the fourteenth day of October, 1999, the Provisional Constitution Order No. l of 1999 as amended, this Order and the law:

That I will abide by the provisions of the Proclamation of Emergency of the fourteenth day of October, 1999, the Provisional Constitution Order No. l of 1999 as amended this Order and the Code of Conduct issued by the Supreme Judicial Council;

That I will not allow, my personal interest to influence my official conduct or my official decisions;

And that, in all circumstances, I will do right to all manner of people. according to law, without fear or favour, affection or ill-will".

May Allah Almighty help and guide me (Ameen).

CHIEF JUSTICE OR JUDGE OF FEDERAL SHARIAT COURT

(In the name of Allah, the most Beneficent, the most Merciful).

I, ------------------------ do solemnly swear, that as a Chief Justice or Judge of Federal Shariat Court, I will discharge my duties and perform my functions honestly and to the best of my ability and faithfully in accordance with the Proclamation of Emergency of the fourteenth day of October, 1999, the Provisional Constitution Order No.1 of 1999 as amended, this Order and the law:

That I will not allow my personal interest to influence my official conduct or my official decisions;

And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will".

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