ISLAMABAD: SCP has adjourned today hearing of petition pertaining to the government’s notification apropos three-year extension in COAS’s tenure.  

The petition was filed by Riaz Hanif Rahi on behalf of the Jurist Foundation. Yesterday (26th of November, 2019) the foundation’s request to withdraw the petition was rejected by the bench. According to reports published by Media the petitioner Riaz Hanif Rahi had by means of a handwritten application stated that he wanted to withdraw the petition.

It transpired that the case is being heard under section 184-3 (wider interest of Justice) or the application of the petitioner. The court asked Rahi whether he wanted to proceed with his petition. When he replied that he did not, the judges stated the court would proceed with it for him.

Former law minister Farogh Nasim submitted the power of attorney on behalf of his client Army Chief General Qamar Bajwa. The hearing of the petition challenging the extension of the COAS resumed this morning by a three-member bench of the SCP headed by Justice Asif Khosa and comprising Justice Mazhar Alam and Justice Syed Mansoor Ali Shah.

The court noted that the Army Act had no mention of extending the term of Chief of Army Staff. Apex court noted that the section 8 only mentioned that the COAS would be the commander of the armed forces.

Judges held that the Article 243 of the Constitution said the COAS would be appointed by the president. Judges further noted that the Article 255, which was amended by the government yesterday on Tuesday 26th of November, 2019, had to do with army officers and not the COAS.

It is pertinent to mention here that on Tuesday the cabinet had amended the Rule 255 of the Army Regulation which was questioned by SCP. Cabinet approved a new summary for the extension in the tenure of army chief General Qamar Bajwa and sent it to President Arif Alvi for approval.

Referring to the new summary CJP noted that the government had accepted the objections raised by the court and attempted to correct these errors in the fresh summary. Nevertheless, AG stated that no mistake had been accepted by the government.

CJP, who noted that in the past five or six generals had gotten their tenures extended by themselves with no questions asked, stated that earlier this matter has never been raised and all the legal aspects of the matter would now be reviewed as the question had been raised.

The court noted that there was no mention of the army chief’s tenure in the law. Judges asked under what law the tenure of COAS was set as the law was silent on this matter.

A relevant piece published earlier:

COAS Tenure: Fed Cabinet approves new summary

ISLAMABAD: Federal Cabinet has approved new summary for the extension in the Army Chief’s tenure and sent it to President for approval.Minister for Education, Shafqat Mahmood while briefing about the Federal Cabinet Meeting informed that the huddle pondered over the judgment  of the Supreme Court regarding extension in the COAS service. According to Shafqat Mahmood Fed. Cabinet approved amendment in the Rule 255 of Army regulation to assist the court. According to him Federal Cabinet and its allied parties have expressed complete support for extension in service of Army Chief.

Shafqat Mahmood claimed that under article 243, appointment of COAS was PM’s prerogative, to send advice to the President on the extension in service of the COAS. He maintained that Imran Khan had given  advice to the President under the same prerogative and President gave the approval of extension. Shafqat Mahmood said it was also the prerogative of the Prime Minister to decide if there was a need for extension due to special circumstances.

Education Minister, citing the present tension with its neighbor further informed that PM had sent advice to the President. He also quoted the serious tension, shelling on LoC, the hundred-day long curfew in Occupied Kashmir, and risk of false flag operation by India.

Railways Minister Sheikh Rashid Ahmad held that the extension in service of COAS was the need of the hour. He told that the Federal Law Minister Barrister Farogh Naseem had voluntarily tendered resignation from his position.

According to details Farogh Naseem would present the government’s stance in the court along with Attorney General Anwar Mansoor Khan on the issue.

Farogh Naseem resigns, to represent Govt in COAS case in SC tomorrow

ISLAMABAD: Federal Minister for Law Farogh Naseem has resigned voluntarily here today.

He will be representing the government in a case regarding Army Chief General Qamar Javed Bajwa’s tenure extension in the Supreme Court tomorrow (27th of November, 2019)  accompanied by the attorney general of Pakistan.

This was confirmed by the Federal Minister for Railways Shaikh Rashid Ahmed at a Presser held after an emergency meeting of the Federal Cabinet. According to details Farogh Naseem had tendered his resignation during the Federal Cabinet meeting which had been accepted by the prime minister.

“Prime Minister Imran Khan has accepted Naseem’s resignation,” Shaikh Rashid said flanked by Special Assistant to the Prime Minister on Accountability Shahzad Akbar and Federal Minister for Federal Education and Professional Training Shafqat Mahmood.

It is pertinent to mention here that Faroogh Naseem belongs to ruling PTIs coalition partner MQM will.

Supreme Court suspends the extension to Army Chief tenure notification till tomorrow

ISLAMABAD: Notification giving three-year extension to Army Chief General Qamar Javed Bajwa’s tenure has been suspended till Wednesday 27th day of November (2019) by the CJP here today.

It is pertinent to mention here that this is CJP Justice Asif Saeed Khosa’s first Suo Motto notice. He has been speaking against such notices ever since he has assumed his present position.

The flow of events:

• PM Imran Khan extended the tenure of Army Chief General Qamar Javed Bajwa after returning from trip to White House;
• When PM learned that he was not authorized to extend the Army Chief’s tenure, he sent it to the President of Pakistan Dr. Arif Alvi;
• Later, when it transpired that only the Cabinet can do the needful, a meeting was called posthaste;
• On 19 August, 2019 Prime Minister Imran Khan had approved an extension to the tenure of Gen Bajwa for another three years and the  following notification was issued by the PM Office: “General Qamar Javed Bajwa is appointed Chief of Army Staff for another term of three years from the date of completion of current tenure;”
• An applicant went to the Supreme Court saying that the notification was not legal;
• On 26th of November, 2019 an handwritten application was sent to the SC begging to take back the earlier application;
• Since no affidavit was attached to the second application, CJP overlooked that and took Sou-Motto notice of the petition itself;
• When during the hearing of petition challenging the extension in Gen Bajwa’s tenure today,  CJP noted that only the president of Pakistan could extend the tenure of the army chief, AG told that his tenure was extended after the president’s approval following approval of the summary by the cabinet. AG further informed that a similar petition was filed in the Peshawar High Court but was withdrawn later;
• Notices have been sent to all the parties including the COAS and the Interior Ministry;
• Supreme Court will hear the case tomorrow (27th of November, 2019).

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