Pakistan SC suspends Army chief’s extension

A notification for the extension of the tenure of Chief of Army Staff General Qamar Javer Bajwa has been suspended till Wednesday by the Chief Justice of the Pakistan Supreme Court Asif Saeed Khosa on Tuesday.

A petition by the Jurists Foundation through Riaz Hanif Rahi had been filed challenging the extension. The petitioner on Tuesday filed a withdrawal application, but the three-member Bench, comprising Chief Justice Khosa, Justice Mazhar Alam Khan Miankhel and Justice Syed Mansoor Ali Shah, rejected the withdrawal request and converted it into a suo motu under Article 184 (3) of the Constitution of Pakistan.

The court suspended the notification based on technicalities. The Chief Justice maintained that the summary and approval of the Army Chief’s extension “is not correct”.

On August 19, the Prime Minister’s office issued a notification saying that the Army Chief’s tenure had been extended for another term of three years from the date of completion of current tenure.

President’s prerogative

The Chief Justice said only the President could extend the tenure of the Army chief as he is the appointing authority for that office.

The court has issued notices to the Federal government, the Defence Ministry and Army Chief to appear before it on Wednesday. Army Chief is set to retire on Friday (November 29).

Prime Minister Imran Khan on Tuesday held an emergency Cabinet meeting following the Supreme Court’s decision. Federal Minister for Federal Education Shafqat Mahmood, Railways Minister Sheikh Rashid and Special Assistant to the Prime Minister on Accountability Shahzad Akbar held a press conference apprising the media about Cabinet’s decisions.

New summary

Shafqat Mahmood said the Cabinet has approved a new summary for the extension in the Army chief’s tenure and sent it to the President for approval. He said the Cabinet also approved an amendment in Regulation No. 255 of the Army Regulations (Rules) as the court had observed how the word “extension” was not included in Regulation No. 255.

He clarified that under Article 243, it is the Prime Minister’s prerogative to advise the President and appoint services’ chiefs.

Interestingly, Federal Law Minister Farogh Naseem voluntarily resigned on Tuesday. He, along with the Attorney General, will appear before the court to better represent the government’s stand on the issue. As a Federal Minister, Mr. Naseem could not argue any case in court. Federal Railways Minister Sheikh Rashid said Mr. Naseem will appear as Gen. Bajwa’s counsel.

(Originally published in The Hindu)

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