ISLAMABAD: The Supreme Court on Monday approved a six-month extension in the tenure of army chief General Qamar Javed Bajwa in the light of an undertaking submitted by the government in this regard.
A three-member bench of the apex earlier reserved its verdict while adjourning the hearing temporarily in the case pertaining to the reappointment/extension in General Bajwa’s tenure.
The bench, which is headed by Chief Justice of Pakistan Asif Saeed Khosa and comprises Justice Mian Mazhar Alam Khan Miankhel and Justice Syed Mansoor Ali Shah, has directed the government to submit an undertaking that the parliament will pass legislation in this regard within six months.
The chief justice told Barrister Farogh Naseem, who is representing the army chief, that the government should submit a written statement to ensure that the parliament will legislate on the matter within six months.
“If legislation is not done within six months, the appointment will become illegal,” he warned.
The apex court also directed the government to issue an amended notification before the resumption of the hearing.
According to the court, the amended notification should include the elimination of:
- the mention of the Supreme Court
- duration of the army chief’s tenure
- the description of army chief’s salary and incentives
As Gen Bajwa is set to retire at midnight, this was the last opportunity for the government to satisfy the court on the legal grounds of the extension.
As the hearing started today, the bench directed Attorney General of Pakistan Anwar Mansoor Khan to submit the extension notification issued for former army chief Gen (retd) Ashfaq Pervez Kayani as well as that of Gen (retd) Raheel Sharif’s retirement in the court.
“Under what section was Gen (retd) Kayani granted an extension?” the chief justice asked. “We want to see what pension and perks Gen Kayani got after retirement.”
Referring to the retirement of army generals, Justice Khosa said: “If an army general never retires, then under what rule did Raheel Sharif retire?”
“You said that generals never retire; if they don’t retire, then they wouldn’t be entitled to pension either,” he observed. The attorney general said that he wanted to assist the court on the matter.
Justice Khosa said that the court will examine the grounds on which Gen (retd) Kayani was granted an extension.
The hearing was then adjourned for 15 minutes.
‘DON’T SHOOT OFF COURT’S SHOULDERS’
After the hearing resumed, AG Khan submitted the summary of the draft notification for Gen Bajwa’s extension prepared by the government yesterday.
Following the court’s adjournment yesterday, an emergency meeting was called at Prime Minister House in the evening to debate the government’s strategy for today’s hearing. The meeting was attended by Gen Bajwa himself, along with Prime Minister Imran and several ministers.
Today, upon examining the summary, the CJP berated the AG over the mention of the Supreme Court’s proceedings in the draft notification.
“Bear your own burden, why do you use our name?” Justice Khosa asked. “Do your own work, why do you drag us in the middle?”
He then directed the AG to eliminate the mention of the court from the summary, saying: “The court’s name has been used so we cannot even point out what’s wrong.”
He raised questions over the appointment of the army chief, noting that the post was already occupied by Gen Bajwa.
“How can an appointment be made on a position that is already occupied?” the chief justice asked.
It seems like this time a lot of thought has been put into drafting the notification, the chief justice remarked. “Take out the part about the court’s advice,” Justice Khosa directed the AG. “If the president seeks our advice, that is a different matter.”
During the day-long hearing yesterday which was adjourned twice, the chief justice noted that the prime minister had requested a “reappointment” whereas the president had issued a notification for “extension” in the army chief’s tenure, questioning the lack of seriousness in the case.
“It seems they never bothered to read the summary once again,” the CJP observed. The attorney general, however, said the faux pas was due to “clerical errors” by the ministry.
LEGAL LOOPHOLES
Justice Shah noted once again that the law does not mention that the duration of the tenure is three years. The chief justice regretted that no one had examined the law while extensions were being granted all these years.
“There is no check on the activities that are going on in cantonment or under which law an action is being taken,” he said. “Now a constitutional institution is examining this matter.”
He said that the process of appointment on a constitutional post should be clear.
“The summary neither mentions the army chief’s salary nor the perks he is receiving,” Justice Shah pointed out. “The attorney general too must have read the laws regarding the army for the first time.”
Justice Shah asked the AG to “suggest how to fix laws regarding the army”.
The chief justice, before adjourning the hearing yesterday, had said that there were three points which the court will consider today:
- the law
- the procedure involved
- the grounds for granting the army chief an extension
According to the top judge, the first two issues are very important and based on those, the court will announce its decision. Gen Bajwa will be able to continue his service if the Supreme Court decides the case in his favor before Nov 29.
SUSPENSION OF EXTENSION:
In an unprecedented move, the SC on Tuesday suspended the notification of a three-year extension in the tenure of Chief of Army Staff General Qamar Javed Bajwa.
The army chief — whose tenure was slated to end on Nov 29 — was given an extension by Prime Minister Imran Khan in August. “General Qamar Javed Bajwa is appointed Chief of Army Staff for another term of three years from the date of completion of current tenure,” a notification issued from the Prime Minister Office (PMO) said at the time.
The extension was confirmed by the government last week, saying that a notification to this effect has already been issued on Aug 19.
However, the top court halted the extension, with the top judge, Chief Justice Asif Saeed Khosa, observing that “the summary and approval of the army chief’s extension is not correct”.
In this regard, the court issued notices to the Defence Ministry, the federal government and Gen Bajwa.
