Under the emergency declaration, the justices were ordered to take an oath to abide by a "provisional constitutional order" that replaces the country’s existing Constitution. Those who failed to do so would be dismissed.

Seven of the court's 11 justices gathered inside the court rejected the order, according to an aide to Chief Justice Iftikhar Muhammad Chaudhry. Issuing their own legal order, the justices called General Musharraf's declaration unlawful and urged military officials to not abide by it.

By 9 p.m., Chief Justice Chaudhry and the other justices had gone to their homes, which were surrounded by police officers. The police blocked journalists from entering the area, disconnected telephone lines and jammed cellphones in the area.