Army Chief General Qamar Javed Bajwa
Islamabad … News Time
The Supreme Court of Pakistan adjourned the Army Chief’s extension request for a hearing tomorrow. During the re-hearing today, Justice Mansoor Ali Shah asked the Attorney General when the Army Chief would be retired. The Attorney General replied that the Army Chief would retire tomorrow night, at which point Chief Justice Pakistan said that then the matter should be decided immediately. The Supreme Court of Pakistan’s request for extension of term of Army Chief is being re-issued, before the court adjourned the hearing for some time.
A three-member bench headed by Chief Justice Asif Saeed Khosa is hearing the case. Attorney General Capt. Anwar Mansoor Khan has appeared in the Supreme Court on behalf of the Federal Government and as a lawyer for Farogh Naseem Army Chief. Speaking at the re-hearing, Chief Justice of Pakistan Asif Saeed Khosa said, “We review the Army Act and the Rules carefully, to understand the spirit of the Army Chief’s appointment and extension law.” Attorney General Anwar Mansoor Khan replied that it is better to ask questions related to the case of the court, I will answer. Justice Mansoor Ali Shah asked that Article 243 be made Army General to a retired General? The Attorney General stated that the appointment and term of the Army Chief is subject to the 1975 Convention, I will satisfy the court regarding the Army Chief’s deployment.
In his remarks, the Chief Justice said that this is a court of law; we have a law, not a person. If something is wrong according to the law, we cannot say it right. Attorney General Anwar Mansoor Khan said, “I want to read the law of the army. I will read section 2 on the active service. The general is an officer of the nation. Justice Mansoor Ali Shah said that the question in front of us was not the Chief but the General. The attorney general said that I will also present other examples of deployment to the court; the law should not be so rigid that it has no flexibility.
Chief Justice of Pakistan Asif Saeed Khosa instructed him to start arguments with the law first. Justice Mansoor Ali Shah said that the appointment of army chief is the authority of the prime minister, it is clear; there is no ambiguity that the prime minister can appoint anyone as army chief. He asked the Attorney General if you could tell whether the retired Army Chief could be reappointed, if there was a clear answer to the question, the problem would be solved. Chief Justice Pakistan said that we allow you to speak what you want to say, then we will discuss legal points, we appreciate your arguments. The attorney general said that I will answer all your questions.
Chief Justice Pakistan said that we read the rules and regulations, which is to say, one note each word. The Attorney General said that the Chief of Army Staff is the commanding officer of the Army. Justice Mansoor Ali Shah said that what is meant by the staff in the Chief of Army Staff, there could have been a vacant Chief of Army. Attorney General Anwar Mansoor Khan replied that I do not know about it, I can read, the commanding officer is the head of a separate army unit. Chief Justice of Pakistan said that the roles of the Pakistan Army were before the partition of India, they see the amendments in the rolls in the true light of their spirit. Chief Justice of Pakistan has asked that the commissioned officer is not appreciated in the Army Act? Attorney General Anwar Mansoor Khan replied that there is a compliment, called the high commissioned officer. The Chief Justice said, “There is something wrong, we are trying to understand.” The Attorney General said that the company has a regular system, that the officer of the soldier will be Lance Nike, so is the system of the whole organization.
Chief Justice Pakistan said that if your definition is lost then go ahead. Attorney General Anwar Mansoor Khan said that Section 16 will be read. Chief Justice Pakistan said that Section 16 deals with the termination of employment. The Attorney General replied that the Army Chief could remove anyone from the job. Justice Mansoor Ali Shah asked if the federal government could even hire anyone. The Attorney General replied that the Army Chief is limited but the Federal Government has full powers, may remove the Junior and younger officers from the Army Chief. He said that Umar also determines who will retire at what age; I want to tell the court Pak Army Rules 1954. Justice Mansoor Ali Shah asked that first state where it was written in the Army Act to extend the good officer. Attorney General Anwar Mansoor Khan replied that these things were stated in Rules 176. Justice Mansour said that there were only 176 rolls, not to mention the extension of the tenure of good officers. The Chief Justice asked that under what law a good performance officer is retained? The Attorney General told the court that section 176 had the power to make rules. The Chief Justice said the federal government could make rules and regulations regarding the Army. The Attorney General replied that the Army’s organization operates through command around the world. Justice Mansoor Ali Shah said, “We know about it.” Attorney General Anwar Mansoor Khan said, “I will read Chapter One, Two and Three of the Army Act in court.”
Chief Justice of Pakistan Asif Saeed Khosa said that the army officer was under oath that if he had to die, he would give it, which is a big deal. “I will not engage myself in any political activity. It is also part of the oath, which is good if it is not involved in political activities,” he said. Justice Mansoor Ali Shah asked the Attorney General whether the Army Act mentions the service of any officer. The Attorney General replied that the term of employment is mentioned in the Rules, not in the Act. The Chief Justice said that there is no mention of term and reappointment in the Army Act, nor is there any mention of extension of the Army Chief’s term. Attorney General Anwar Mansoor Khan replied that the army is not a democratic institution that the army operates on command worldwide. Chief Justice Pakistan said that the Act says that there should be no delay in release or discharge. On this occasion, the Attorney General read the Army Rules and Regulations in court.
Justice Mansoor Ali Shah said that the appointment of army chief is the authority of the prime minister, it is clear; there is no ambiguity that the prime minister can appoint anyone as army chief. He asked the Attorney General if you could tell whether the retired Army Chief could be reappointed. A clear answer to this question will solve the problem. The Chief Justice said that the government can retire any army officer, including a field marshal; the government can either voluntarily or forcibly retires. Attorney General Anwar Mansoor Khan said there was no mention of any period. Justice Mansoor Ali Shah asked that if there was repeated mention of the period, you should tell about the period. The Chief Justice said that the Chief of Army Staff is also the government’s adviser on military matters; the Army Chief is also responsible for the management of the military. We are looking at all Army Regulations to appreciate your arguments.
The Chief Justice said that we would like to understand the scheme of the Army Rules Regulation maker what was in his mind, according to the Rules, the retired officer can be reappointed in combat situations. He said that recently, 3 retired army officers were convicted, and action against retired officers was restored to them. Chief Justice Pakistan inquired that the concerned authorities should tell under which law retired officers were reinstated and punished? It is important to know in which context the Pak Army views Article 255. He said that reading the section 255 carefully, the whole premises of your case are on it, and retired officers cannot be punished in army rolls. Justice Mansoor Ali Shah asked the Attorney General when a normal retirement is. Isn’t there a retirement if the term is full? Attorney General Anwar Mansoor Khan replied that retirement happens as soon as the service period is over. The Chief Justice said that when the job is discharged or there is retirement, we are looking at the entire scheme related to service termination. He said that it would result in the termination of jobs, retirement and retirement, temporarily postponing the retirement during the war. Justice Mansoor Ali Shah asked who appointed the Army Chief. Attorney General Anwar Mansour Khan replied that the Army appoints the constitution to the Chief. Justice Mazhar Alam Miankhail asked what would be the term of army chief. Attorney General Anwar Mansoor Khan replied that the army is the chief post but he too is a general.
Chief Justice Pakistan said that the period has been written for 65 years. Attorney General Anwar Mansoor Khan said that he was old and irrelevant, 255 A, B and C related to retirement. Justice Mansoor Ali Shah said that the federal government appoints the army chief, the federal government applies 255, the chief of the army staff is not the federal government but the president is appointed. He said that I have a matter related to the Chief of the Army Staff, who appoints the Army Chief on the recommendation of the President, Prime Minister. Justice Mansoor Ali Shah said that I have no problem with being his general, even though he has been a general for the rest of his life, the issue is can he get extension as Army Chief? The Attorney General said that you said that the federal government could not be appointed to the Army Chief; it is the President who is appointed. Justice Mansoor said that if the army does not appoint a chief, then how can one extend the term?
During the hearing, the Chief Justice also had an interesting dialogue with Army Chief’s lawyer Farogh Naseem. Chief Justice of Pakistan Asif Saeed Khosa said that Farogh Naseem you are saying that the army chief will retire tomorrow, while the attorney general says that the general does not retire. He asked that you think any former military officer could be appointed as Army Chief? Justice Mansour Ali Shah said that he could be appointed Army Chief as per the definition of Article 243 of the Attorney General, how can an extension be extended if the federal government does not appoint an army chief? Will the Army Chief be retired if the term expires? The attorney general said the general’s retirement has no age. Justice Mansoor Ali Shah said that it means that any retired general can be appointed Army Chief; it does not even mention that the Army will be from the Chief Army, so you too can be made Army Chief. Justice Mansoor Ali Shah asked the Attorney General when the Army Chief would be retired. The Attorney General replied that the Army Chief would retire tomorrow night, his term expiring on November 28. Chief Justice Asif Saeed Khosa said that the Army Chief was appointed on November 29, which means that the Army Chief’s term is ending between 28 and 29 November, and then the matter should be decided immediately. He said that the Army Chief has been re-appointed but the notification is extension, no one bothered to read, the Prime Minister sent a summary and advice deployment and the notification was extended. Attorney General Anwar Mansoor Khan said these were ministerial matters.
The Chief Justice said that the case of Justice Tauqeer Hussain came, that those who brought in Justice Tauqeer did such acts that deprived the honorable person. He said that there is nothing we can do, go for 2 days, do something, get together all night, have had 2 cabinet sessions, we thought there were so many minds, but after so much consideration they brought this thing. There is a problem for us. The Supreme Court adjourned the hearing till tomorrow morning on the request of the Army Chief.
Earlier this morning, when the hearing began, Attorney General Captain retired Anwar Mansoor Khan appeared in the Supreme Court on behalf of the Federal and Farogh Naseem as Army Chief Counsel, Farogh Naseem filed a lawyer in court. Attorney General Anwar Mansoor Khan submitted new cabinet approval to the court. The Chief Justice remarked that the amendments you have made are not related to the Army Chief, Army Act Roll belongs to 255 officers, not Army Chief, Army Chief Commander is not Officer, Just as service roles do not apply to a president who has the authority to appoint officers, so does the army chief. If there is a war, then the Army Chief’s retirement may be temporarily delayed.
He said that in the past, 6 to 7 generals were taking extension, no one even asked; now they decide if the matter has come to us. Justice Mansoor Ali Shah said that the re-appointment or extension of the Army Chief is neither in the Constitution nor in the law, the matter is about reappointment and extension. How can you prove it legally? During the hearing, Chief Justice Pakistan said, “We recognized the points we rose yesterday, which is why you tried to fix them.” The Attorney General replied that we did not acknowledge these errors. The Chief Justice said that the media did not understand and said that he did not take notice of himself. The Chief Justice asked the Attorney General to show us what the cabinet approved yesterday. The Attorney General replied that yesterday I also said that several ministers were awaiting a response to the extension notification.
Chief Justice Pakistan asked if the answer is no, is it considered yes? The Attorney General replied that yes, this is the case. The Chief Justice said that it is considered only if you have to answer within a fixed time, you did not set a period so the answer to your question cannot be considered yes. Justice Mansoor Ali Shah asked if the Cabinet was given time to discuss the rules when the total rolls were changed? Attorney General Anwar Mansoor Khan replied that cabinet members were given time. Chief Justice Pakistan said that if there was an open mandate to leave, the cabinet accepted the error and pointed out. The attorney general submitted documents about the cabinet’s decisions in court yesterday. The Chief Justice said that it was certain that the defects identified yesterday were acknowledged, after admitting the errors, they were corrected. The attorney general replied that he had not admitted any errors. The Chief Justice inquired why the correction was made if the errors were not recognized. The Attorney General replied that I explain it, the impression that there was no extension law was wrong, the impression that only 11 members answered yes.
The Chief Justice inquired if the rest had answered yes, how much time he gave. The document you gave yesterday was written by 11 members. He said that if the new document came to you; show that now the government has gone ahead with this process. The Attorney General replied that the cabinet point is important, so I will talk about it. The Chief Justice said that if the cabinet did not have time in the circulation then leaves the point, which the court had made yesterday to correct the errors and fix it. The attorney general said the government did not say it was a mistake. Justice Mansoor Ali Shah said that the cabinet members did not respond until the appointed time. Chief Justice Pakistan said that the court had given an order after looking at your documents. The Attorney General replied that according to Rule 19, the answer is yes. The Chief Justice said that only if the time set in Rule 19 is yes. The Chief Justice said that if the situation is the same as before, they decide according to law. Attorney General issues new cabinet approval to court.
Chief Justice Pakistan asked him to show the law on re-enactment and extension, which he acted upon, he would listen comfortably to everyone. The Chief Justice said that this question has not been raised before; now it is raised, then it will examine all its legal aspects, In the past 6,5 generals have given themselves 10,10 years of extension, since the 18th Amendment the Army Act has undergone changes. The Attorney General replied that the Army Chief commands the military, appoints the president and the prime minister. Justice Mansour Ali Shah has asked that Article 243 speak of the deployment period, how long is the Army Chief appointed? He further asked if the Army could become the Chief of the Service, or the retired General. It is important to look at the rules, 243 is related to concessions and other matters. Attorney General Anwar Mansoor Khan replied that the amendment draft had just arrived. Justice Mazhar Alam Mian Khel said that he did not even come to us.
Chief Justice Pakistan inquired under which clause of the constitution and rules were changed? Article 255 is for those who have been retired or retired from service, they are called back under this Article. Justice Mansoor Ali Shah asked if the term is for 3 years, what will happen after 3 years. The Attorney General replied that 3 years is written in the notification. The Chief Justice asked how yesterday notification is was written for a period of 3 years. Chief Justice of Pakistan Asif Saeed Khosa said that this is a very important issue, everyone will hear about it, no one has raised this question till now, and if the question has been raised then he will see it. He said that the general is extending himself 5, 4 times, this matter should be clear now; Lieutenant General retires after 4 years. The lieutenant general’s retirement age is 57 years, the attorney general said. The Chief Justice said there was no mention of the Army Chief’s retirement period. The Attorney General replied that G’s role does not mention the Army Chief’s retirement period.
Justice Mansoor Ali Shah asked if the Army Chief’s appointment notification was on the record. Tell us what the Army Chief’s notification was. He further inquired that if the Army Chief is extension 2 days before retirement, he will continue for a period of 3 years. Where is he? The attorney general replied that the term was used but it was not determined. Chief Justice Pakistan said in remarks that everyone will listen quietly, many rules are silent, and some have become traditions. He said that in the past, 6 to 7 generals were taking extension, no one even asked; now they decide if the matter has come to us. The Chief Justice said that read the Army’s rules regarding normal retirement, read Rule 262C of the Army Act, the general’s retirement age was given at 60 years. Justice Mansoor Ali Shah said that there was no mention of the General’s retirement in 262. Attorney General Anwar Mansoor Khan replied that under Article 243/3, the commission gets.
Justice Mansoor Ali Shah asked what the first notification of appointment of Qamar Javed Bajwa says. The Attorney General said that Justice Mansour Ali Shah Sahib has taken a good point, this is a case of re-appointment; appointments have been the same since 1948, and Justice Kayani’s appointment was similar. On this occasion, the Chief Justice confirmed that Justice Kayani was not appointed by General Kayani. The Attorney General gambled that the Army Chief had no job description, Article 243 had no advice. The Chief Justice said that you have sent advice to the Cabinet twice. Justice Mansoor said that the matter was an extension and a new deployment, how would you prove it legally? The Attorney General replied that the definition of deployment also includes a reappointment.
Chief Justice of Pakistan said that the retirement and discharge are mentioned in the rolls, when the period is over and then normal retirement, a Chapter 253 clarifies how the house will go or finish. During the Chief Justice’s remarks, the Attorney General suddenly spoke in the middle, at which the Chief Justice asked him if he was not in a hurry. Attorney General Anwar Mansoor Khan replied that no, I am here till night, in Article 255 there is a word which is the solution to this matter, in this article, if the retirement cannot be granted under the circumstances, a 2-month extension can be given.
The Chief Justice said that if a man has reached retirement age, his retirement may be suspended, if there is a war, and then the Army Chief’s retirement may be temporarily delayed. Attorney General Anwar Mansoor Khan said retirement threshold is not fixed. Justice Mansoor Ali Shah asked that you want to say that he cannot retire? At the expiration of the term may just extend to the irrelevant rule, which is strange. The Chief Justice said Article 255 that you are relying on is for officers only; the article you are editing is not related to the Army Chief. This article is only related to the officers. Your Army Chief does not come in. Chief Justice of Pakistan Asif Saeed Khosa said, “Let’s see how long the debate goes on, so far we understand the case.” He said that the Chief of Army Staff is the commander and not the officer. This is the case as the President of the State, the State appoints civil servants, civilian service rules do not apply to the president who has the power of appointment, and this is the case with the Army Chief. Justice Mansoor Ali Shah said that the Army Act deals with all officers, the appointment of the Chief of Army Staff is under the constitution, and the service rolls do not include the Chief of Army Staff.
It may be recalled that the court today issued a notice to the army chief for hearing today, suspending the government notification of extension of service of Army Chief Qamar Javed Bajwa. The apex court issued notices to all the parties, making Army Chief General Qamar Javed Bajwa a party; the court declared the petition as a matter of public interest under 184/3. At a Cabinet meeting last night, Farogh Naseem had resigned from the Law of the Ministry and today he has appeared as Army Chief’s lawyer.
