The decision is in the Chief Justice is back. The forgotten hero in all of this is ACJP Rana Bhagwandas. If it had been left to “ACJP” Javed Iqbal this is a decision that probably would never have been handed down.

The full text of the order is:

ORDER

For detailed reasons to be recorded later, the following issues arising out of this petition are decided as under:-

(I) MAINTAINABILITY OF COP NO.21 OF 2007 FILED UNDER ARTICLE 184(3) OF THE CONSTITUTION

This petition is unanimously declared to be maintainable.

(II) VALIDITY OF THE DIRECTION (THE REFERENCE) ISSUED BY THE PRESIDENT UNDER ARTICLE 209(5) OF THE CONSTITUTION.

By a majority of 10 to 3 (Faqir Muhammad Khokhar, J., M. Javed Buttar, J. and Saiyed Saeed Ashhad, J. dissenting), the said direction (the Reference) in question dated March 9, 2007, for separate reasons to be recorded by the Hon. Judges so desiring, is set aside.
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