Tag: Supreme Court

  • ‘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.

  • Win for parents as private schools restricted from increasing fees

    Win for parents as private schools restricted from increasing fees

    After months of struggle, parents have secured a win over private schools with their owners being barred from increasing fees by more than 5 per cent a year, a private media outlet reported.

    According to reports, the Supreme Court (SC) delivered the verdict on Wednesday while hearing a case filed by owners of private schools. They had sought legal approval to increase fees by 15 per cent to 20 per cent every year.

    Justice Ijazul Ahsan read out the reserved verdict.

    The top court upheld the verdict of the Sindh High Court (SHC) and overturned the Lahore High Court (LHC) decision in favour of the private schools.

    The schools have been ordered to return or adjust the extra amount they charged parents since the first ruling in the case.