Pakistan's Supreme Court on Wednesday, 27 November, continued its hearing in the case pertaining to the three year extension given to the army chief General Qamar Javed Bajwa, The Dawn reported.
The Pakistan SC had on Tuesday, in an unprecedented move, suspended the extension, calling the entire process "upside down".
There are mainly four possible outcomes in the case, according to the publication:
- The SC could accept the government’s steps to fix the legal weaknesses in the original notification and declare the new notification as valid. This would mean Bajwa's term is extended.
- The court could shoot down the fresh notification, leading to the General's retirement on Friday, 29 November.
- The bench may delay the decision. If the next hearing is scheduled for a date after Friday then the government will need to announce a new COAS to fill in the vacant post.
- The government could also take more time for a fresh appointment and, in the meantime, the charge of the army chief is handed over to someone else within the high command.
Extension Due to 'Regional Security Environment': PM Khan
Prime Minister Imran Khan cited "regional security environment" for his decision to grant the top general another term in office, PTI reported.
The unprecedented move by the apex court could raise tensions between the judiciary and the powerful Pakistan Army.
“The entire process was upside down. First, the Cabinet should have given the approval, then the prime minister and president should have been advised.”Asif Saeed Khosa, Chief Justice, as quoted by Geo News
Reacting to the embarrassing development, Khan chaired an emergency Cabinet meeting and took back the notification to extend services of General Bajwa.
Minister for Education Shafqat Mahmood told journalists that the Cabinet took back the earlier notification and also took measures to address the concerns of the apex court.
He said the Cabinet also changed the Pakistan Defence Services Rules and added word "extension" as pointed out by the Supreme Court.
Pak Law Minister Resigns to Become Govt's Advocate
Pakistan's Law Minister Farogh Naseem also resigned on Tuesday to represent the government in the case, according to PTI.
The petition against Bajwa's extension was filed by a person named Raiz Rahi, who later fielded an application to withdraw it. However, the chief justice rejected his withdrawal bid and took up the petition as a public interest litigation under Article 184, Pakistani media reported.
During the hearing, the chief justice noted that the government notification on 19 August mentioned an 'extension' while the notification issued by the Prime Minister's Office says the army chief has been 'reappointed'.
“As per rules, there is no authority of extending army chief’s tenure or his reappointment. The government can only suspend his retirement and the army chief has not retired yet.”Asif Saeed Khosa, Chief Justice of Pakistan
He also observed that when the matter was discussed in the Cabinet, only 11 out 25 members approved the extension.
"Only 11 members of the Cabinet gave approval of the summary for the extension of army chief's tenure. We cannot say the majority gave the approval," he noted.
Khan, Bajwa Share a Close Relationship
PM Khan and Gen Bajwa have been working closely. Bajwa accompanied Khan on his maiden US visit in July this year, during which he met US President Donald Trump at the White House.
Khan had also, in an unprecedented move, nominated Bajwa as a member of the National Development Council in June.
When Bajwa was appointed army chief by former Prime Minister Nawaz Sharif, he reportedly superseded three other generals.
Gen Bajwa is the second army chief to get full term extension in recent times. Earlier, Gen Ashfaq Pervaiz Kayani was given a full term in 2010.
He may have also taken into account the ongoing Afghan peace talks between the US and the Taliban militants, which Pakistan is facilitating.
The powerful Pakistan Army, which has ruled the country for more than half of its 70-plus years of existence, has wielded considerable power in deciding matters concerning security and foreign policies.
(With inputs from The Dawn, Geo News and PTI)
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