The Supreme Court of Pakistan issued on Monday the detailed verdict regarding the extension in tenure of Chief of the Army Staff General Qamar Javed Bajwa
Islamabad (Pakistan Point News / Online - 16th December, 2019) The Supreme Court of Pakistan issued on Monday the detailed verdict regarding the extension in tenure of Chief of the Army Staff General Qamar Javed Bajwa.In its detailed verdict based on 43 pages, the Supreme Court bench that heard the army chief's tenure extension case ordered that General Qamar Javed Bajwa will retire if the Parliament failed to legislate over the matter.The verdict stated that the matter is being referred to the Parliament so that mistakes on sensitive matters could not happen in future.
It stated that there was no legal ground to extend the army chief's tenure by three years.The judgment stated that the court is extending the army chief's tenure by six months. The Supreme Court further stated that law to extend the Chief of Army Staff's tenure does not exist.The verdict stated that in the past several general were appointed and their tenures were extended without proper legislation. The SC stated that the extension in army chief's tenure is not mentioned in the Army Act.
The judgment also consisted of an additional note of Chief Justice Asif Saeed Khosa which stated that no one is above the law. The note stated the appointment of the army chief is directly linked to the security of the people.The additional note stated that there is no law for extension in army chief's tenure which is violation of the Constitution. On November 28, 2019, the Supreme Court allowed the extension in the tenure of Chief of Army Staff General Qamar Javed Bajwa by six months.
The verdict noted that "no tenure or age of retirement for the rank of General is provided under the law."There is no provision in the law for extending service of a General for another tenure; nor is there any consistent and continuous institutional practice of granting such extension," Justice Shah wrote, adding that the summaries for the reappointment, extension and fresh appointment of General Bajwa were "meaningless" in absence of the relevant law.
