SC reserves judgment on Gen. Bajwa’s extension case

ISLAMABAD, Nov 28 (APP):The Supreme Court on Wednesday reserved its judgment in a case pertaining to extension in service of Chief of Army Staff (COAS) General Qamar Javed Bajwa that would be announced later today.

The top court ordered the government to introduce legislation within six-months regarding the procedure of appointment of the army chief. The court further instructed the government to produce a new notification regarding the re-appointment of General Qamar Javed Bajwa after deleting any reference of the and army chief’s tenure.

A three-member bench of the apex court, headed by Chief Justice Asif Saeed Khan Khosa and comprising Justice Mazhar Alam Khan Miankhel and Justice Mansoor Ali Shah, continued the hearing on third consecutive day on a petition challenging the service extension of General Qamar Javed Bajwa.

As the hearing commenced, the Chief Justice asked the Attorney General Anwar Mansoor Khan to produce the documents related to the notifications of extension granted to former army chief Gen. (reted) Ashfaq Pervez Kayani and retirement notification of the retirement of Gen. Raheel Sharif.

Justice Khosa remarked that the bench had been told the last day that the generals never retired. The Attorney General pleaded that Gen. Bajwa had been re-appointed under Article 243 to this the Chief Justice remarked that he had to satisfy the bench that it was a legal act.

The CJP observed that three-year extension had become a precedent in the country but time period had not been mentioned in Article 243. It could become a legal precedent if the court admitted this, he added.

The Chief Justice remarked that the bench had been told the last day that
generals never retire if this was so, then they were not entitled for pensions.
The Attorney General informed the court that General Qamar Bajwa has been re-appointed under Article 243, to which the CJP remarked how this appointment different from previous and asked the AG to convince the bench with legal arguments.

Justice Khosa noted that reference of the top court had also been given in new summary. He asked the Attorney General that why they didn’t do their job at their own without dragging court in the affairs.

Anwar Mansoor argued that if the time period had not been mentioned, then the Gen. Bajwa would remain Army Chief till further orders.

Justice Shah noted that salary and other incentives had not been mentioned in the summary. The Chief Justice observed that the procedure for appointment on the constitutional post, should be clear.

Justice Mansoor said that there was no better forum than the Parliament to streamline the system. Justice Khosa said that Parliament should update the
Army Act to prepare new rules.

The Attorney General said that he had identified 18 lacunae in Constitution to this the Chief justice said despite this, the Constitution was sacred for them. Justice Mazhar Aalam said this should also be settled now that extension would be given in future or not.

Anwar Mansoor pleaded that it would take around three month for legislation regarding updating the act and the procedure of appointment of army chief.

Justice Khosa noted that there was no mention on documents that who had given extension to retired Gen. Kiyani, adding that there shouldn’t be procedural confusion on this important matter.

The Chief Justice noted that Gen. (reted) Raheel Sharif was receiving pension but this was not mentioned anywhere in army rules. He observed that Constitution and law were supreme against everything.

The court instructed the government to prepare a fresh notification, which does not list the tenure of the extension and to submit it in the court by 1 p.m.

After the arguments from the AG and Farogh Naseem, the bench stated that
the full court will announce the short order later on this day.