Mian Shakirullah Jan

On 3 November 2007, Chief of Army Staff in Pakistan declared an emergency and issued a Provisional Constitutional Order. A seven-member panel of the Supreme Court of Pakistan, headed by Chief Justice of Pakistan Iftikhar Mohammad Chaudhry and consisting of Justice Rana Bhagwandas, Justice Javed Iqbal, Justice Mian Shakirullah Jan, Justice Nasir-ul-Mulk, Justice Raja Muhammad Fayyaz Ahmad, and Justice Ghulam Rabbani;issued an order that declared the declaration of the emergency order as illegal and prohibited all judges to take any oath on the Provisional Constitutional Order.^[2]

Justice Jan refused to take oath on the PCO.^[3] As the consequence of his refusal, on 4 December 2007, he was declared to be no longer a Justice of the court and declared to be considered as retired with an effective date of 3 November 2007, without any retirement benefits.^[4][5]

On 5 September 2008, Justice Mian Shakirullah Jan, Tassaduq Hussain Jillani, and Syed Jamshed Ali, who were ousted as result of action of 4 November 2007, were reappointed to the Supreme Court. They took a fresh oath of Office. The controversial aspect of this appointment was that they were given same seniority which they were had on 2 November 2007.^[6]

On 28 September 2007, a nine-member bench of Supreme Court of Pakistan, in a 6–3 split verdict held that petition challenging General Pervez Musharraf candidature for the second term as the president as non-maintainable. Justice Mian Shakirullah Jan along with head of bench Justice Rana Bhagwandas and Justice Sardar Muhammad Raza Khan dissented with the majority opinion. Declaring the petition as non-maintainable were Javed Iqbal, Abdul Hameed Dogar, M. Javed Buttar, Muhammad Nawaz Abbasi, Faqir Muhammad Khokhar, and Falak Sher.^[2][7]

On 2 November 2007, Barrister Aitzaz Ahsan submitted an application to the Supreme Court asking that the Government be restrained from imposing martial law in Pakistan.^[8] To this application a seven panel Supreme Court bench issued a stay order on 3 November 2007, against the imposition of an emergency. The bench was headed by Chief Justice Iftikhar Mohammad Chaudhry. The other members of the bench were Justice Rana Bhagwandas, Justice Javed Iqbal, Justice Mian Shakirullah Jan, Justice Nasirul Mulk, Justice Raja Fayyaz, and Justice Ghulam Rabbani.^[2] This stay order was ignored by the Chief of Army Staff and the emergency was imposed across the country.