Pakistan’s Supreme Court has announced a six-month conditional extension to General Qamar Javed Bajwa while issuing a short verdict on extending the tenure of the chief of Pakistan’s army.
This extension will be reported starting Thursday, November 28.
In a summary judgment, the court said that the federal government had assured that new legislation would be made in this matter and the court would review the legislation in this regard six months later.
The judicial proceedings resumed after a break on Thursday afternoon when the government submitted a four-point affidavit.
A three-member bench comprising Justice Mansoor Ali Shah and Justice Mazhar Miankhel is headed by Chief Justice of Pakistan Justice Asif Saeed Khosa.
Pakistan Army Chief General Qamar Javed Bajwa is expected to retire on November 29, but Prime Minister Imran Khan announced his extension for three years, three months before his retirement, which was referred to the court. ۔
Earlier on Thursday morning, Chief Justice Asif Saeed Khosa adjourned the hearing till noon, seeking assurance from the government on four points.
The court said it will issue a brief order on Thursday in the matter.
Earlier, the court had reserved the decision and asked the government to set a period in the new army chief’s appointment and remove the mention of the court.
According to reporter Shahzad Malik, the court has also said that the government should legislate on the Army Chief’s term of employment and privileges given to him within six months.
At a hearing on Thursday, the court also suggested that unless the Army Chief’s term is job-related legislation and the government decides to swear a legislative statement within six months, the Army Chief’s term will be so long. However, Attorney General Anwar Mansoor did not agree with the proposal.
Army Chief ‘Can’t Draft and Summarize’
At that point, the Attorney General said that there was no law on extension of service for the head of the army, so were to bring those laws?
The Chief Justice replied that this has not happened for the last 72 years because now that the matter has come before the court, it will have to be looked at according to the law.
Justice Khosa said that the army chief’s job is to defend the country. He cannot sit with you and produce drafting and summaries, it is a waste of time and energy. The ridiculous news was going on last day that the Army Chief has also arrived at a consultation meeting on the extension notification.
Leaders of the Supreme Court Bar Association and Pakistan Bar Council were also present in the court.
Addressing Chief Justice Asif Khosa, Attorney General Anwar Mansoor said that the summary of the summons presented during the last hearing, when the court said that there are some errors, there are some vacancies, the Attorney General said this. There was nothing wrong with that. So if you have not done anything wrong then why have you brought the third summary?
Presentation of record of former military chiefs
Chief Justice Asif Saeed Khosa said that all matters have to go according to law. He said that those who have served the nation have a lot of respect in our hearts but above all, it is the constitution of Pakistan that we are all obliged to implement.
Law Minister Prabhu Naseem extended extension of former Army Chief Ashfaq Parvez Kayani before the court while General Raheel Sharif’s retirement summons was presented. The Attorney General pointed to Farah Naseem and told the court that his case had also been resolved.
Farah Naseem also gave brief arguments before the court.
Chief Justice gave smiling remarks’ The issues are resolved but we have no one to come to. They say, “Take notice of yourself, why?” A path (applicant Riaz Rahi) came to us and we did not let him go. ‘
Earlier, when the matter was heard on Thursday when the matter was heard before Chief Justice Asif Saeed Khas on Thursday, Chief Justice Asif Saeed Khosa extended the tenure of former army chief General Ashfaq Parvez Kayani. Ask for the retirement documents of General Raheel Sharif, who replaced.
During the hearing, Chief Justice Asif Saeed Khosa said, “We want to see what conditions General Kayani received.” He extended the tenure of former Army Chief General Ashfaq Parvez Kayani and replaced him with General Raheel Sharif. Seeks Retirement Documents for
During the hearing, Chief Justice Asif Saeed Khosa said, “We want to see what conditions General Kayani received.”
Chief Justice Pakistan remarked, “We were told that the general would never retire, if there was no retirement, there would be no pension, so he would like to see the documents of General Raheel, and if he does not retire. Are they getting pensions or not? ‘
The court then interrupted the hearing for 15 minutes after which the hearing resumed.
At the reopening of the hearing, the attorney general said that at the reopening of the hearing, the attorney general said that after the completion of the term, the general retires. The general did not retire. ‘
It may be recalled that during the hearing on Wednesday, Attorney General Anwar Mansoor Khan had given the stand that the prime minister could also appoint a retired general as the army chief. “Yesterday you were saying that the General does not retire.”
It is to be noted that during the hearing on Wednesday, Attorney General Anwar Mansoor Khan had given the stand that the prime minister could also appoint a retired general.
When the Attorney General presented General Qamar Javed Bajwa’s new summary appointment as Army Chief, the Chief Justice said that he would have to convince the court how the appointment is correct.
He inquired that even today, General Bajwa is the Army Chief and how can a deputy be appointed?
The Chief Justice said that it will be examined whether the deployment is legal.
‘Submit an oath in three days’
He also said that in this summary the judicial proceedings were mentioned and the government should ‘take its own load and not use our shoulder’. The Chief Justice ordered that the name of the court be removed from the new summary.
The court asked Attorney General Anwar Mansoor and the military chief’s lawyer Frogh Nassim to submit an affidavit within three days in the last two Supreme Court hearings in the summary of the military chief’s extension of employment. What has been mentioned has been removed. Justice Asif Saeed Khosa also said that the post of Army Chief is constitutional and this post should be fulfilled in accordance with the rules and regulations.
During the hearing, the Chief Justice said that there was ambiguity in the Army Act, on which Justice Mansoor Ali Shah said it was the job of the parliament to remove the ambiguity. The Chief Justice said that if Parliament updates the Army Act, new roles will be created.
On this, the Attorney General said that necessary changes would be made by presenting the Army Act to the Cabinet, on which Justice Mazhar Alam gave remarks as to whether it would be a future extension or a new deployment.
The Chief Justice addressed the Attorney General and said, “This is the first time you have tried to return to the Constitution.”
He also said that the new summary which you have made under Article 243 has been written for three years and you have registered that the extension will be for 3 years.
The Chief Justice remarked that the period in the notification has been written for three years. If a great general is found, then the period should be written 30 years, there should be a clear system which everyone knows. Three years of deployment will now become an example, maybe the next Army Chief wants to keep the government one year.
Social Media Reactions and ‘Fifth Generation Warfare’
The court also expressed regret over what was said on social media regarding the hearing and the judges regarding the case.
Chief Justice Asif Saeed Khosa said that the judges who heard the automatic notice were declared as agents of the CIA as well as part of Fifth Generation Warfare.
The Chief Justice said, “I also had to ask anyone what this Fifth Generation was.”
It should be noted that upon hearing of the Army Chief’s term of employment, some private TV channels criticized the court and the judges, as well as the position and name of the Chief Justice, were not properly called. One such anchor programmed on the Bol TV. He apologized for misleading social media by calling it a ‘slip off ting’.
The court told the Attorney General that it would be easier to read the rules of India and other countries regarding the appointment of Army Chief.
After the hearing, the court secured the verdict and asked the Attorney General to submit a new notification of the appointment of the chief of the army to the court, which does not mention the term.
After the hearing, the attorney general said the decision to be reserved would be heard on Thursday afternoon.
Earlier, during the hearing of the extension of extension to Army Chief Qamar Javed Bajwa on Wednesday, Pakistan’s Chief Justice Asif Saeed Khosa gave remarks that an army-like institution cannot be left without a head and if Attorney General Brigadier General Qamar If Javed Bajwa cannot be satisfied by the court till Thursday on the extension of his term, the court will decide according to law.
Following the hearing on Wednesday, there was an emergency meeting chaired by Prime Minister Imran Khan, attended by government ministers and experts, and a new draft was prepared to extend the tenure of Army Chief General Qamar Javed Bajwa.