A three-member bench of the Supreme Court (SC), headed by Chief Justice of Pakistan (CJP) Asif Saeed Khan Khosa and comprising Justice Mazhar Alam and Justice Syed Mansoor Ali Shah, has adjourned the hearing of the case regarding the extension in service of Chief of Army Staff (COAS) General Qamar Javed Bajwa until Thursday morning.
Here are key points of Wednesday’s hearing as the extension of Gen Bajwa, who is set to retire on November 29, hangs in balance:
- Federal Law Minister Farogh Naseem, who resigned from office on Tuesday to to represent the army chief, submits his power of attorney to the court
- CJP asks Attorney General (AG) Anwar Mansoor Khan if the government has accepted the points raised by the court on Tuesday. AG says they have not accepted the mistake.
- “We will hear everyone as it is an important issue. Earlier, this question was never raised and now that it has been brought forward, all legal aspects will be reviewed. We are not in a hurry,” CJP Khosa remarks.
- “In the past, five or six generals had their tenures extended by themselves and no one questioned them,” Khosa maintains.
- Top judge comments on government’s reliance on Article 255 of Army Regulations, says the rule applies to officers and not the army chief.
Following the SC’s suspension of notification of Gen Bajwa’s extension Tuesday, the federal cabinet had met in two sittings led by Prime Minister (PM) Imran Khan and decided to amend Section 255 of the Army Rules, which pertains to “suspension or limitation of retirement”.
As per the amendment, it will now also contain “extension in tenure” of the army chief. According to Federal Minister Shafqat Mehmood, the amendment is in line with the premier’s intention to grant an extension to Gen Bajwa.
- CJP rubbishes media reports claiming Gen Bajwa’s case is a suo motu case. Says court is hearing the petition filed by Advocate Riaz Hanif.
- Justice Shah wonders how an army chief can be reappointed to the office “when he is no longer part of the staff”, to which, CJP once more inquires whether a retired officer can be reappointed.
- Hearing gets adjourned twice before top court shifts focus to Army Act.
- CJP emphasises that the court is looking at the rules regarding the tenure of the army chief, not a general; it must understand Army Act before AG’s arguments.
- “This is a court of law; it is the law we are looking at, not personalities,” He remarks. “If something is wrong as per the law, we cannot say that it is correct. If [the decision] is not correct as per the law, we will give our verdict,” apex judge says.
- CJP reiterates he is apolitical. “I will never involve myself in any political activities. This sentence is also part of the oath. It is a very good thing to stay away from political activities.”
- Hearing has been adjourned until Thursday.
The government on August 19 had reappointment Gen Bajwa, extending his tenure for three years, citing the “regional security environment”. However, on Tuesday, the SC suspended the notification and issued notices to the federal government, COAS through the Ministry of Defence and the Ministry of Law.
