Tag: extension

  • PML-N takes U-Turn on Gen Bajwa’s extension: report

    PML-N takes U-Turn on Gen Bajwa’s extension: report

    Contrary to earlier claims, the Pakistan Muslim League-Nawaz (PML-N) has reportedly decided to unconditionally back the amendments made to the Army Act by the Pakistan Tehreek-e-Insaf  (PTI) government to facilitate the extension service of Chief of Army Staff (COAS) General Qamar Javed Bajwa.

    According to Geo News, the decision was made after a meeting of PML-N parliamentary members received a message from the party leadership on Thursday, advising the party to fully back the amendment bill when it is tabled in the parliament by the government. 

    “The PML-N leadership reportedly does not want the position of COAS to become controversial, and has thus decided to support the PTI government in a bid to amend the Army Act under the directions of a verdict of the Supreme Court (SC) in this regard,” the report said.

    A day earlier, the federal cabinet had in an emergency meeting accorded its approval to amendments to the Army Act under which the premier will be empowered to extend the tenure of all services chiefs.

    The bill pertaining to the amendment will be tabled in the National Assembly on Friday and the amendment has been prepared as per the guidelines enumerated in the SC’s verdict.

    The top court had in November 2019 told the government to legislate on an extension in the COAS’s services within six months, allowing Gen Bajwa to stay in office until then, after briefly suspending the notification of the extension in his tenure.

    With the government going into action to ensure an extension for the army chief but lacking the numbers in the parliament for necessary legislation, the PML-N had earlier warned the PTI, saying it would not be easy if the hostile attitude of the Imran Khan-led government towards the opposition continued.

  • Gen Bajwa’s extension: ‘Supreme Court can’t tell us what to do,’ says Fawad

    Federal Minister for Science and Technology Fawad Chaudhry has said that the Supreme Court (SC) “does not have the authority to dictate the parliament on what matters to legislate on and how”.

    The apex court, in its November 28 verdict, had allowed the federal government to grant a six-month extension to Chief of Army Staff (COAS) General Qamar Javed Bajwa, directing the government to legislate on the army chief’s tenure and extension during the said time.

    Speaking to Voice of America (VOA), Fawad questioned the judiciary’s “authority to direct the parliament on legislative matters”. “The SC’s orders have a lot of legal defects and shortcomings. It almost eliminates Article 243.”

    Article 243 of the constitution pertains to the command of armed forces — that the federal government should have their control.

    “The SC cannot tell the parliament that ‘you can legislate on this but cannot legislate on that’ or ‘you can or cannot extend the duration’,” Fawad said, adding that in the constitutions of 1956 and 1962, the duration of the army chief’s tenure was ascertained.

    “But after many debates and arguments, it was taken out of the constitution of 1973, and there was a reason for that because the parliament wanted the prime minister (PM) to be empowered.”

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    “If you assign a specific amount of term to the army chief then how would you remove him before the expiration of his term, if need be. Therefore, the SC’s verdict has a lot of flaws and it needs to be corrected.”

    The minister maintained that the federal cabinet was awaiting the release of the detailed verdict of the apex court, after which the government would decide how to proceed forward. “The decision to file a review petition still has to be finalised,” he clarified.

    When asked about the differences between the government and the opposition, and how they could hinder efforts aimed at the smooth passage of any legislation in the parliament, the Fawad said “all political players in the country were on the same page on the matter since the army chief was apolitical”.

  • ‘We’ve been told that generals never retire,’ says CJP Khosa

    ‘We’ve been told that generals never retire,’ says CJP Khosa

    Chief Justice of Pakistan (CJP) Asif Saeed Khan Khan Khosa, hearing the petition challenging Chief of Army Staff (COAS) General Qamar Javed Bajwa’s extension, has said the court was told that “generals never retire”.

    A three member bench of the Supreme Court (SC), headed by CJP Khosa and comprising Justice Mazhar Alam Khan Miankhel and Justice Mansoor Ali Shah, on Thursday allowed the federal government to grant a six-month extension to Army chief Gen Bajwa.

    In its short order the apex court directed the government to bring necessary legislation within six months’ time. The order, read out by the CJP, ordered the parliament to introduce legislation for appointment of the army chief under Article 243 of the constitution.

    He remarked that the court was observing judicial restraint and leaving the matter to the parliament. “We have reviewed several laws including Army Act 1952 and Rule 1954.”

    The court had earlier reserved its verdict in this high-profile case and directed the federal government to furnish a fresh summary of the army chief’s extension of services.

    “We were told yesterday [Wednesday] that generals never retire,” the top judge remarked as hearing resumed on Thursday.

    The attorney general (AG) informed the court that Gen Bajwa has been reappointed under Article 243, to which the CJP remarked that the government had to convince the court that it was legal.

    After arguments made by the AG and Gen Bajwa’s counsel Farogh Naseem, the bench stated that a 10-member full court will announce the short order in the afternoon, whereas the detailed verdict would be issued in the evening.

    In the meantime, the court granted Gen Bajwa permission to continue working, conditionally. It further instructed the government to prepare a fresh notification, which did not list the tenure of the extension.

  • Gen Bajwa allowed to continue serving as army chief

    The Supreme Court (SC) on Thursday granted a six-month conditional extension to Chief of Army Staff (COAS) General Qamar Javed Bajwa as it directed the federal government to furnish a fresh summary of the army chief’s extension of services.

    According to details, announcing the verdict in the COAS’s extension case, which was reserved earlier in the day, a three-member bench of the apex court, headed by Chief Justice of Pakistan (CJP) Asif Saeed Khan Khosa, sought an undertaking from the government that it would legislate on the matter within six months.

    Meanwhile, Prime Minister (PM) Imran Khan also took to Twitter to comment on the development.

    For the third day, the bench heard the petition challenging the extension. When the hearing resumed, the CJP asked Attorney General (AG) Anwar Mansoor Khan to present the notifications of extension granted to former army chief General (r) Ashfaq Pervez Kayani, as well as the notification of the retirement of Gen (r) Raheel Sharif.

    The attorney general informed the court that General Qamar Bajwa has been reappointed under Article 243, to which the CJP remarked that the government had to convince them it was legal.

    After arguments made by the AG and Gen Bajwa’s counsel Farogh Naseem, the bench stated that a 10-member full court will announce the short order in the afternoon, whereas the detailed verdict would be issued in the evening.

    In the meantime, the court granted General Bajwa permission to continue working, conditionally. It further instructed the government to prepare a fresh notification, which does not list the tenure of the extension.

  • Imran govt considering imposing emergency to tackle any unrest regarding Gen Bajwa’s extension: report

    Imran govt considering imposing emergency to tackle any unrest regarding Gen Bajwa’s extension: report

    It is being considered at the highest level in the Prime Minister (PM) Imran Khan-led government that emergency may be promulgated to overcome any untoward situation arising due to developments regarding the extension in service for Chief of Army Staff (COAS) General Qamar Javed Bajwa.

    A state of emergency is a situation in which a government is empowered to perform actions or impose policies that it would normally not be permitted to undertake. A government can declare such a state during a disaster, civil unrest, or armed conflict.

    According to The News, no conclusive decision has been made by the high-ups concerned since most of the senior officials are dissenting with the proposal, but the possibility of imposition of emergency cannot be entirely ruled out.

    The report quoted sources as saying that pro-emergency segment of the leaders was of the view that “positive outcome was attained in the past through imposition of emergency-plus”, and suggested experimenting the same for a short time now since it wouldn’t be harmful.

    “It will also help the government create harmony in society and chaos could be averted that will be helpful in mitigating suffering of the people,” the pro-emergency leaders reportedly said.

    STATE OF EMERGENCY 2007:

    A state of emergency was declared on November 3, 2007,
    by former military ruler Gen (r) Pervez Musharraf, which lasted until December 15,
    2007, during which the constitution remained suspended.

    When the state of emergency was declared,
    Musharraf controversially held both positions of president and COAS.
    He later resigned as army chief 25 days into the emergency on November 28.

    The state of emergency and its responses are generally
    attributed to the controversies surrounding the re-election of Musharraf during
    the presidential election on October 6, 2007, including his holding
    of both offices of president and army chief at the time.

    Then Chief Justice of Pakistan (CJP) Iftikhar Muhammad
    Chaudhry reacted promptly to the emergency declaration, convening a
    seven-member bench which issued an interim order against the action. He also
    directed the armed forces of Pakistan not to obey any illegal orders. Subsequently,
    the 111th brigade of Pakistan army entered the Supreme Court (SC) building and
    removed Chaudhry as well as several other judges and arrested them.

    It was announced earlier that the state of emergency would
    likely end in late November or early December 2007. After being sworn in
    for a second presidential term on November 29, 2007, Musharraf immediately
    declared that the state of emergency would end on December 16, 2007, although
    the emergency actually ended one day earlier, on December 15, 2007.

    Aftermaths of the emergency include the high treason case against
    Musharraf.

  • Army chief belongs at border, but he was getting his summary fixed at PM House last night: CJP

    Army chief belongs at border, but he was getting his summary fixed at PM House last night: CJP

    Chief Justice of Pakistan (CJP) Asif Saeed Khan Khosa, who is heading the Supreme Court (SC) bench hearing the case pertaining to Chief of Army Staff (COAS) General Qamar Javed Bajwa’s extension, has said that “the army chief belongs at the border, but he was getting his summary fixed at the Prime Minister (PM) House last night”.

    On Wednesday night, the federal government, aided by the military’s counsel, drafted a new summary removing all legal lacunae pointed out by the apex court earlier in the day, as it heard the petition challenging Gen Bajwa’s extension.

    For the first time, the paperwork was completed with the assistance of Judge Advocate General (JAG) Branch of the GHQ, according to The News.

    According to the publication, input from the JAG Branch was sought by the ministry concerned after the SC highlighted serious errors in the drafts presented to it following the suspension of the army chief’s extension.

    The fresh summary was inked by midnight, and has replaced the words “re-appointment” with “extension in service”. Once finalised, the summary was sent to the federal cabinet through a circulation process late on Wednesday night and then submitted to the president, who issued the requisite notification.

    The meeting was chaired by Prime Minister (PM) Imran Khan and the attendees included the COAS himself.

    “The army chief’s job is to protect the country’s borders, but last night he stayed at the PM House to get his summary fixed. It’s embarassing,” the top judge reportedly said Thursday as the three-member bench resumed hearing the case.

    He added that it was regrettable how the COAS’s time was wasted because of the incompetence of the government at such a crucial time for national security. “He [Gen Bajwa] had to be there to guide them,” CJP Khosa was quoted as saying.

  • ‘You want a three-year extension for Gen Bajwa, will it be 20 years for a better general?’ CJP reportedly asks govt

    With hearing of the case pertaining to Chief of Army Staff (COAS) General Qamar Javed Bajwa’s extension resuming Thursday, the Supreme Court (SC) has once again put the government in a tight spot as it asked “if a better general would be given a 20-year extension”.

    “You’re seeking a three-year extension for now. If another general, who is exceptional, comes next, will you give him a 20-year extension?” journalist Omar Qureshi quoted the three-member bench of the apex court, headed by Chief Justice of Pakistan (CJP) Asif Saeed Khan Khosa, as asking the government representatives.

    Earlier, the bench resumed hearing the petition challenging the extension of COAS Gen Bajwa. As proceedings continued, the CJP asked Attorney General (AG) Anwar Mansoor Khan to present the notifications regarding the extension in the tenure of former army chief Gen (r) Ashfaq Pervez Kayani and retirement of Gen Raheel Sharif.

    “We were told yesterday that generals never retire,” remarked CJP Khosa.

    The AG informed the court that Gen Bajwa had been reappointed under Article 243, to which the CJP remarked that the government had to convince the court that it was legal.

    The SC then reserved the verdict that will be announced later in the day by a 10-member full court.

    On Wednesday night, the federal government, aided by the military’s counsel, drafted a new summary removing all legal lacunas pointed out by the apex court earlier in the day.

    The paperwork was completed with the assistance, for the first time, of the Judge Advocate General (JAG) Branch of the General Headquarters (GHQ), according to The News.

    Those privy to the developments told the publication that input from the JAG Branch was sought by the ministry concerned, which had till then failed to produce the required documents and after the SC highlighted serious errors in the drafts presented in court.

    The fresh summary was inked by midnight and has replaced the words “re-appointment” with “extension in service”. Once finalised, the summary was sent to the federal cabinet through a circulation process late on Wednesday night and then submitted to the president, who issued the requisite notification.

  • Extension or no extension? All you need to know about Gen Bajwa’s case hearing from Wednesday

    Extension or no extension? All you need to know about Gen Bajwa’s case hearing from Wednesday

    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.

  • Army is embarrassed over Gen Bajwa’s extension controversy: Lt Gen (r) Amjad Shoaib

    Defence Analyst Lt Gen (retd) Amjad Shoaib has said that the controversy surrounding the extension of Chief of Army Staff (COAS) General Qamar Javed Bajwa is a matter of embarrassment for the army.

    While speaking on Geo News talk show, the analyst said that the army had no role in the process and the real work was supposed to be done by the bureaucracy.

    The analytst Amjab Shoaib said that usually the ministers do not know about such matters and get details from the bureaucrats, adding “that those involved in the process should be held accountable”.

    “I can tell you that General Bajwa was not interested in extension but the government convinced him after PM Imran Khan’s US visit”, the former military officer said.

    He also noted that the COAS has helped the government foreign policy and economic affairs and he also arranged loans from the Middle East to assuage the crippling economy.

    When asked about the response of the army chief in Supreme Court, he said Gen Bajwa, in his opinion, would tell the court that it is the prerogative of the government and that the civil bureaucracy must be aware of the procedure and the rules and regulations in this regard.

  • CJP suspends COAS Bajwa’s extension notification

    CJP suspends COAS Bajwa’s extension notification

    Chief Justice of Pakistan (CJP) Asif Saeed Khosa has suspended the notification of Army Chief Gen Qamar Javed Bajwa’s tenure extension on Tuesday, Dawn reported.

    According to the details, the court has issued notices to all parties, including Gen Bajwa.

    During the hearing of a petition challenging the extension in Gen Bajwa’s tenure today, the chief justice said, “Only the president of Pakistan can extend the tenure of the army chief.”

    “Army chief’s tenure was extended after the president’s approval,” the attorney general (AG) told the court, adding that “The summary had been approved by the cabinet.”

    The AG also said, “A similar petition was filed in the Peshawar High Court but was withdrawn later”.

    On August 19, Prime Minister (PM) Imran Khan had approved an extension in the tenure of Gen Bajwa for another three years.