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COAS tenure extension: AGP lauds SC verdict

ISLAMABAD: Addressing a Presser here today Attorney General of Pakistan (AGP) Anwar Mansoor Khan, flanked by Farogh Naseem and PM’s aide on accountability Shahzad Akbar,  has lauded Supreme Court’s  short order allowing the government extend the COAS’s tenure for six months. 

Terming the decision as historic AGP held: “This is not a matter of adversity for the government. Today’s decision is a historic decision. The way the Constitution has been interpreted will provide guidance for us in the future…various laws were debated upon and many things came to the fore which were never before decided in court…

“It is important to state here that the Army Act is pre-partition and after 19-20 changes, it is being amended. It was never before challenged in court…no one ever realized the mistakes involved in the procedures that were being followed”.

AGP informed that in the past “…summaries were the same and the rules were followed in the same manner. There were no additions or any changes made.” He further told that the Apex Court had observed that  presently a general did not have a superannuation age and no law guides as to  how COAS would be appointed or what his term of service would be.

He held: “You must have seen Article 243, as well as Regulation 255 of the Army Act, mentioned in the proceedings a lot. Article 243 deals with the appointment of the chief of general staff and Regulation 255 deals with his rank…Of course, each was examined separately.”

Supreme Court of Pakistan hearing the petition regarding notification about extension of COAS tenure has allowed the Federal Government to grant six-month extension to the Army Chief Qamar Javed Bajwa commencing from today (28th day of November, 2019).

Chief Justice of Pakistan Asif Saeed Khosa read out the order, according to which the Federal Government has been asked to bring essential legislation within 180 days, providing parliament time to clarify the constitutional guidelines under which an army chief’s tenure could be extended. Apex Court had pointed out that in all past notifications and summaries, Regulation 255 was cited and had said that the rule does not pertain to COAS and so should not be mentioned. 

Supreme Court has sought an undertaking from the government that it would legislate on the matter within six months. Court noted that according to Article 243, President of Pakistan was the authority to appoint COAS but duration of appointment was nor specified in the Article.

Commenting on the verdict Prime Minister Imran Khan took to the Twitter to hold: “Today must be a great disappointment to those who expected the country to be destabilized by a clash of institutions. That this did not happen must be of special disappointment to our external enemies & mafias within…

“For the record, 23 yrs ago we were the first Party to advocate an independent Judiciary and Rule of Law. In 2007, PTI was in the forefront of the Movement for Independence of the Judiciary & I was jailed for it…

“Also, for the record, I have the greatest respect for CJ Khosa, one of the greatest Jurists produced by Pakistan.”

Imran Khan 9

In the order parliament has been asked to introduce legislation for appointment of Army Chief under Article 243. CJP maintaining that the court was observing judicial restraint and leaving the issue to the parliament said that Court had reviewed several laws including Army Act 1952 and Rule 1954.

It is pertinent to mention here that the court requires that the fourth summary should not mention the SCP, exclude the mention of a three-year tenure of extension and not include details regarding the army chief’s salary details regarding the COAS’s incentives and salary. 

Earlier today SCP bench (comprising CJP Asif Saeed Khosa, Justice Mian Mazhar Alam Khan Miankhel and Justice Syed Mansoor Ali Shah) commenced the hearing of the incumbent COAS Gen. Qamar Javed Bajwa’s tenure extension/reappointment case today at 9.30AM.

Since the COAS was scheduled to retire at midnight, today’s hearing was the last opportunity for the government to convince the SC bench about the legal grounds of the move. 

On the third day of hearing AG was asked by the bench to produce the earlier extension notification issued for Ex-COAS Gen (R) Ashfaq Pervez Kayani (whose tenure was extended in 2010 for three years by the government of PPP-P) and  Gen (R) Raheel Sharif’s retirement (the only general who had shun the post sans extension in the last twenty years).

CJP stated: “Extensions were happening in the past but no one took a notice of it. No one is watching what is happening in the cantonment. Under which law does this happen. Now a constitutional institution is reviewing this matter. The appointment procedure should be clearly written on the constitutional post.”

It may be recalled that the extension to the tenure of Kayani was challenged in IHC back in 2012. But IHC, reckoning it non-maintainable, dismissed it quoting Article 199 (3) of the Constitution. During today’s hearing CJP asked under what section was Gen (R) Kayani granted an extension? CJ said that the Court wanted to see what pension and perks General Kayani got after retirement.

A consultation meeting was held on Wednesday 27th of November, 2019 at PM Office chaired by PM Imran Khan in order to ponder over an amendment in the summary of 3-year extension in COAS General Qamar Javed Bajwa’s tenure.

According to sources privy to NPTV Babar Awan, Farogh Naseem and AG Anwar Mansoor were also present in the meeting during which legal team of government informed the  PM about the objections raised by the Apex Court.

On Wednesday 27th of November, 2019 SCP has adjourned today’s 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. However, on 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 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.

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.

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Hissan Sheikh

Karachi's S M Law College graduate Hissan Sheikh writes on crime and local politics etc.