The PTI leaders say that the cabinet withdrew its previous notification after the court’s observation on it and unanimously passed a new summary for extension in tenure of incumbent army chief Gen Bajwa.
ISLAMABAD: (Urdu Point/Pakistan Point News_Nov 27th, 2019) Although extension is a subjudice matter and the country’s top will decide its fate, the ruling Pakistan Tehreek-i-Insaaf ‘s (PTI) new move regarding withdrawal of its earlier notification about extension in tenure of Army Chief General Qamar Javed Bajwa has raised many questions about its legal wisdom.
The major question is that, at last, why the PTI government came to this point where it felt necessary to withdraw its previous notification and why the legal minds were not applied earlier to avoid the ambiguities.
In yesterday’s press conference, education Minister Shafqat Mehmood, Railways Minister Sheikh Rasheed and Special Assistant to PM Shehzad Alam remained focus on this point that how the “possible impression of committing violation in the earlier notification” could be negated from the peoples’ minds.
“We withdrew the earlier notification, amended the army rules just to assist the court,” said Shafqat Mehmood, a senior PTI’s leader. He rejected the impression that any violation was made in the earlier notification issued for extension in tenure of army chief.
He said the Federal cabinet approved a new summary regarding extension of army chief to avoid all legal obstacles in the way of its new move after making amendments in Rule 255 of the Army Regulations.
“The cabinet withdrew its notification soon after the top court gave its observation on it under the law,” said Shafqat Mehmood, adding that “a new summary has been approved in this regard soon after the amendment in Army rules,”.
Shafqat refuted the impression that the government violated its procedure in its earlier notification.
“We made amendment just to assist the court,” he justified new move of the PTI’s government regarding extension in the tenure of Army Chief Gen Bajwa.
The Supreme Court yesterday suspended a notification issued for “extension” of the tenure of Gen Bajwa and sought replies from the respondents including the federal government to explain their positions.
“It is prime minister who wanted to extend the tenure of army chief because of the extraordinary circumstances and he stood by that decision,” said Shafqat Mehmood in order to explain his position.
“The PM has the prerogative to appoint the services of chiefs and even extend their tenures,” he further said while relying upon Article 243 of the Constitution. Shehzad Akbar who is Special Assistant to PM said that the PM exercised his constitutional powers and said that extension of the army chief was made under Rule 255 of the Army Regulations.
“And now the rules have been amended just to avoid ambiguities, if any,” said the Special Assistant to PM. When asked whether there were flaws in the earlier rules to which the leaders aid that these changes were made just to assist the court.
Federal Minister for law Sheikh Rasheed said that the extension was decided after consent of all cabinet members as well as allies of the government. “It is need of the hour,” said Sheikh Rasheed. Shafqat also explained that it was prime minister’s authority to asses that under what circumstances the tenure of any army chief could be extended. He said that the events like Balakot incident, when Indian fighter jets, for the first time since 1971, crossed the border paved the way for such circumstances.
He pointed out that there were serious tension and shellings on the Line of Control (LoC), the curfew was exceeding 100 days in Occupied Kashmir were the evidences of special circumstances. There was even a real threat of a false flag operation by India, Shafqat insisted, adding that all these developments contributed to the prime minister’s decision to seek continuity in the army command.
