SC allows Army chief’s conditional extension for six months term

Army Chief General Qamar Javed Bajwa

Army Chief General Qamar Javed Bajwa

Islamabad … News Time

The Supreme Court of Pakistan gave a brief verdict after hearing the case regarding extension of employment of Chief of Army Staff Gen. Qamar Javed Bajwa. A three-member bench comprising Justice Mansoor Ali Shah and Justice Mazhar Alam, headed by Chief Justice Asif Saeed Khosa, heard a third day on a petition filed by Georist Foundation lawyer Riaz Hanif Rahi against extension of army chief’s term. All eyes were on this important case as General Qamar Javed Bajwa’s term was terminating tonight. And the government had the last chance to convince the court of his extension of employment.

So the third consecutive hearing on the matter began at 9.30am, after which the first interval was adjourned till 1pm, after which there was a slight delay in the hearing, after hearing the hearing, the Attorney General and Farogh Naseem reappeared and in the light of the direction of the court, they presented a new document. The chief justice said he was sorry for the wait, after which the judges reviewed the document and a short verdict was heard.

Court decision:

The court in its short decision said that General Qamar Javed Bajwa will be the Chief of Army Staff for the next six months, whereas during this period, the Parliament will legislate for extension / reappointment of Army Chief. The court said that the Army Chief’s re-appointment or extension was challenged in the court; the government was taking a different stance on it, sometimes calling for re-appointment and sometimes re-extension. According to the decision, the President is the supreme commander of the Pakistan Army; the President has the power to appoint Article 243 of the Constitution. But the Army Chief’s term is not mentioned in the law; there is no mention of limiting or suspending the Army Chief’s retirement. The court said that the Attorney General has assured the Legislature to legislate for the determination of tenure. The Attorney General has sought time for relevant legislation. The decision said that the matter should be left to Parliament and the government; the legislation should be settled forever. The court said that prior to that, the Army Chief’s appointments should continue in the traditional manner, but the current deployment is subject to the Legislature of Parliament.

The court remarked that we did not find anything related to the term of Army Chief, the federal government presented November 28 summary, this summary was presented by the President on the recommendation of the Prime Minister, and in the summary Qamar Javed Bajwa has been re-appointed Army Chief. At the same time, the ruling stated that the government relied on Article 243B and Army Regulation while the court questioned the Army Chief’s deployment, duration and extension. The court said that the Attorney General could not cite any law; he believed that the traditions of the past were being followed in this regard.

Hearing Cover:

At one o’clock in the courtroom, the government was asked to follow these instructions. Submit an affidavit that the matter will be legislated within 6 months.

Modification notification:

These points were instructed in this amendment notification. The notice should be removed from the Supreme Court; Army Chief’s 3-year term should be mentioned explain the salary and privileges of the Army Chief Attorney General Anwar Mansoor Khan argued in the hearing earlier this morning and former Law Minister Farogh Naseem was also present in the court. While the Pakistan Bar Council (PBC) restored the license of Nassim Bar Council.

Extension of General Kayani, Gen. Rachel’s Retirement Documents Required:

At the beginning of the hearing, the Supreme Court sought notification of extension of the tenure of General (retd) Ashfaq Pervez Kayani, as well as the retirement document of former Army Chief General (retd) Raheel Sharif. The Chief Justice remarked that under what legal clause General Kayani was extended, we want to see what pension he received after the retirement of General (retd) Pervez Kayani. At the same time, the Supreme Court took 15 minutes. The Chief Justice said that in 15 minutes provide both items until other cases are heard. The Chief Justice of the court said that the question is also that you have said that the general never retires, if the army general does not retire, under what role did General Raheel Sharif? At the same time, he said that the question is, if there is no retirement, and then there will be no pension. It will be reviewed on the basis of General Kayani’s extension, to which the Attorney General said that I want to assist the court in this matter, the Chief Justice remarked that you bring these documents and you will hear them comfortably. Later, the hearing resumed after a brief interval.

Extract court name from summary: Chief Justice:

On this occasion, the Chief Justice remarked that summary proceedings have also been mentioned in the summary, why do You Use Our Shoulders to Carry Your Own, Do Your Own Work, and Why Get Us in the Middle. Chief Justice Asif Saeed Khosa said that the name of the court was used so that we could not say wrong, remove the summary from the court, whether the appointment is legal or not, the appointment was made from November 28. He remarked that today, General Bajwa is already the Army Chief, which is not a vacancy. It seems that this time a lot of thinking has been saved, according to the constitution being deployed. At the same time, the Chief Justice said that the advice part of the court should be removed from the summary, if the president asked for our advice; it would be a different matter. During the hearing, the Attorney General said that if we read the Constitution again and again, something new opens up, to which the Chief Justice remarks that if we read it for the first time, something will come out. The court said that in the summary notification do not mention the court, our mention is unnecessary. To which the Chief Justice said that you say that the government has done nothing wrong.

Army chief’s salary is not mentioned in the summary, the court says:

At the same time, Justice Mansoor pointed out that the 3-year term is not mentioned in the law. He also mentioned that the salary of the army chief is not mentioned in the summary. During the hearing, the Chief Justice remarked that the first extension was taking place and no one reviewed it, no one could see what was going on in the cantonment, what law was being done under the law, now the constitutional body was reviewing the issue. , The process of deployment to the constitutional position must be clearly written.

India and CIA agent called for review of Army Act: Chief Justice:

Chief Justice remarked that the Army Act was reviewed yesterday and Indian and CIA agents were called, to this, the Attorney General replied that our discussion in India was greatly benefited, and social media was not under anyone’s control. On the Attorney General’s point, the Chief Justice said that we were made part of the 5th Generation War. It is our right to ask questions, not to do so about constitutional institutions. Meanwhile, Justice Mansoor said that the Attorney General will also read the Army rules for the first time tomorrow. How do you propose to correct the Army rules? During the hearing, the Chief Justice remarked that the notification period was 3 years, if a great general is found, then maybe 30 years should be written, there should be a clear system that everybody knows, 3 years deployment will now become an example, maybe the next army chief wants to keep the government one year. At the same time, Justice Mansoor Ali Shah said that it should be clear whether the general gets a pension or not. The attorney general said that the general retires after the completion of the term, to which Justice Mansoor said. If you are saying that you are not retired, then today you are saying that the general is retiring.

New rules will be created if Parliament updates Army Act: Court

During the hearing, the Chief Justice said that there was ambiguity in the Army Act, while Justice Mansoor said that Parliament had to remove that ambiguity. At the same time, he said that there was no better forum than Parliament that could fix the system, to which the Chief Justice went on to say that if Parliament updates the Army Act, new roles will be created. On this, the Attorney General said that the Army Act will make necessary changes in front of the cabinet, to which Justice Mazhar Alam gave remarks that it should be decided whether there will be a future extension or a new deployment. On the judicial remarks, the Attorney General said, “I see 18 different errors in the constitution, to which the Chief Justice said that despite the errors, the constitution is very dear to us.” The Chief Justice remarked that the government has come back to the constitution for the first time. When a task is done according to the constitution, our hands are tied, but he also said that the shoulders of the court should not be used or the Supreme should be used for the future. The name of the court will be used.

If the court extends it will become a legal precedent: Chief Justice:

He said that in Article 243, 3 years of deployment is not mentioned, there will be an example of 3 years of deployment but this is not a law. If the court extends it will become a legal precedent, to which the Attorney General replied that where there is no mention of the period, the period is fixed according to the circumstances. On this, the Chief Justice said that at the time of deployment, the government seems to have increased it by reading Article 243, extension of Army Chief is not a constitutional tradition, and one extension of the last 3 Army Chiefs has not been extended to the other, now the third Army Chief is going to get extension. The Chief Justice of the court said that if the appointment is to be made in accordance with Article 243, remove the period and Justice Mansoor Ali Shah said that at least Article 243 should be fully implemented, no salary has been fixed or no mention of concessions. On this, the Attorney General said that there could not be an indefinite period, but the Chief Justice said that earlier Bajwa had also been appointed indefinitely.

Legislation requires 3 months, Attorney General:

On this occasion the Chief Justice said that you have been amending the Rules, and then we have written the advisory role, we are not saying that we should go and legislate now. The law, which cannot be made in 72 years, cannot be made in such a hurry, at which the Attorney General told the court that I have no law at this time except one document, we are trying to make a law on this matter. On the Attorney General’s question, the court asked how long it would take to make the law, to which Anwar Mansoor replied that we need 3 months, on which the Chief Justice remarked that you did not have a law in 72 years, how to make.

To which the court expressly agreed to extend the tenure of General Qamar Bajwa, he said, “You have said that 3 months is required for legalization, and then we extend it for 3 months.” The Chief Justice remarked that those who served the country have great respect but we have the highest regard for the Constitution and the law. When Farogh Naseem came to Rostrum during the hearing, Anwar Mansoor also told the court that the issue of Prabhupam Naseem had also been resolved, to which the Chief Justice remarked that with the intervention of the court, the issues will be resolved. Unless the issue comes up in the court, how will it be resolved? People say take notice of the court itself, we don’t have to go; the court doors are open, if anyone comes.

Kayani’s term for extension of employment document:

During the hearing, documents of extension of General (retd) Ashfaq Parvez Kayani were presented in court. He was seen by the Chief Justice and said that he did not write anywhere. Who extended it to General (R) Pervez Kayani? Refer also to the law under which it was extended, for such an important position there should not be ambiguity. The Chief Justice remarked that General Raheel is getting pension, not to mention the general pension in the rolls, we are dear to the rulers of the country but the constitution and the law are above us.

Court directs government to submit affidavit:

During the hearing, Farogh Naseem said that we write in writing that the court will follow what he is saying. The Chief Justice said that you are assured that you will delete the mention of the Supreme Court from the summary. The court remarked that summary will remove the name of the court and the term of 3 years while the salary and concession items should be summarized. At the same time, the court said that it should submit an affidavit that in 6 months, Article 243 of the Constitution will legislate. And the Army Chief’s term, deployment, extension, allowance and other things will be clarified as this article is silent. The Chief Justice remarked that we want all things to be part of the record, the law should be valid, and it is a waste of time. The Chief Justice remarked that the legal complications we are pointing to will hurt you but should not be considered an embarrassment. He remarked that Army Chiefs should watch the defense of the country or look at these summits; it is shameful for the Army Chief to keep watch over the Samaritans instead of defending the country, we are not finalizing the final opinion, will make a brief decision in this regard and clarify the procedure in the detailed decision. If this process continues like this, disaster can happen.

Later, the court reserved the decision and remarked that if it is correct by noon, it will be better, after today noon, we will hear the verdict and come true by one o’clock. After which the hearing of the said case was adjourned till one o’clock. After the break-up, the hearing began a little later, after which the court reviewed the new document and delivered a brief verdict, a detailed verdict will be issued later. It is to be noted that on November 29, 2016, Army Chief General Qamar Javed Bajwa assumed the leadership of Pak Army after the completion of General Raheel Sharif’s tenure; he was appointed chief of the army by then Prime Minister Nawaz Sharif.


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