Confusion between Dejure & Defacto

There have been several instances where certain people have marked and/or referred to the current Chief Justice of Pakistan Abdul Hameed Dogar as the Defacto Chief Justice of Pakistan, and referred to Iftikhar Muhammad Chaudhry as the legal and/or current Chief Justice of Pakistan.

Justice Dogar was elevated to the position of Chief Justice of Pakistan on 3 November 2007 and he was offered to take an oath on the Provisional Constitution Order (PCO) which replaced the Constitution like Iftikhar Muhammad Chaudhry who took a similar oath on the PCO in 2000 and was elevated to the Chief Justice position. The oaths taken by Chief Justice Iftikhar however, were accorded constitutional status under the 17th Constitutional Amendment passed by parliament of Pakistan on 29 December 2004. Such ratification is yet to be accorded to oaths taken by Justice Dogar.

As with Iftikhar Muhammad Chaudhry, Justice Dogar later took a fresh oath according to article 178 of the Constitution on 15 November 2007, thus making him the legal and dejure Chief Justice of Pakistan.Under the Constitution of the Islamic Republic of Pakistan a state of emergency can only be declared by the president. Instead of the president the emergency was declared by the army chief, thus there was no emergency declared at all.