Govt has said that there are flaws in the judgement of the Supreme Court regarding legislation on extension of army chief and related issues.
ISLAMABAD: (Urdu Point/ Pakistan Point News-Dec 27th, 2019) The Supreme Court of Pakistan has approved for preliminary hearing the review petition filed by the government against verdict about legislation over extension to Chief of Army Staff (COAS) General Qamar Javed Bajwa.
Through the review petition, the federal government led by Pakistan Tehreek-i-Insaaf asked the top court to constitute a larger bench and set aside the earlier judgment on the subject matter of Army Chief’s extension.
The government also asked the court to hold in-camera proceedings on army chief’s extension.
Before filing review petition, Federal Minister for Law and Justice Barrister Farogh Naseem held a meeting with Attorney General of Pakistan Anwar Mansoor Khan in the Supreme Court for consultation. Later, talking to the reporters, Law Minister Naseem said that the review petition was being filed as there were certain points which were not considered by the apex court.
Almost one month ago, the top court allowed extension/reappointment of Gen Bajwa for another six months and asked the government to determine the tenure, terms and conditions of the service of the army chief through legislation within the given the period.
The court summarised its findings after exploring the scope of Article 243 of the Constitution — which governs the army chief’s appointment, reviewing the Pakistan Army Act, 1952, reviewing the Pakistan Army Act, 1952, the Pakistan Army Act Rules, 1954, and the Army Regulations (Rules).
In its verdict, the top court made it clear that, in case, the federal government remains unable to regulate the tenure and terms of service of a general and as a consequence of the army chief through an appropriate legislation by the parliament within a period of six months, "the tenure of the constitutional post of COAS could not be left totally unregulated and to continue forever" as "this would be inconceivable and amount to a constitutional absurdity,”.
The top court also held: “In case of such failure of the federal government, the institutional practice of retirement of a general on completion of the tenure of three years "shall stand enforced" to regulate the tenure of Gen Bajwa and consequentially his tenure as COAS, from the date of his promotion to the rank of general and appointment as the army chief, i.e. November 29, 2016.
In that case, "the president shall, on advice of the prime minister, appoint a serving general officer as the new COAS", said the verdict.
Earlier, the federal government prepared the notification for extension of COAS General Bajwa at least for six times and failed to convince the court in open proceedings on the subject matter.
