Islamabad:On Monday, Supreme Court of Pakistan issued the detailed judgment in Army chief’s tenure extension case comprising 43 pages.
In its detailed written verdict, Supreme Court of Pakistan bench that heard General Bajwa’s tenure extension case ordered that the Army chief will retire if the parliament failed to legislate regarding this matter.
As per the verdict, the matter is being referred to the Parliament so that mistakes on sensitive issues could not happen in future.
“There was no legal ground to extend army chief’s tenure by three years,” the verdict mentioned.
As per the detailed verdict, the Supreme Court is extending the army chief’s tenure by six month. The Supreme Court further mentioned that law to extend the Chief of Army Staff’s (COAS) tenure does not exist, Business Recorder reported.
As per the judgment, in the past several generals were appointed and their tenures were extended without proper legislation. The extension in army chief’s tenure is not mentioned in the Army Act, The Supreme Court wrote.
The verdict also comprised of additional note of Chief Justice Asif Saeed Khosa that stated no one is above law. The additional note mentioned the appointment of the army chief is directly linked to the security of people.
“There is no law for extension in army chief’s tenure that is violation of the Constitution,” CJP’s additional note stated. The new army chief will be appointed on the advice of prime minister, the note stated.
According to details, the Supreme Court allowed extension in the tenure of Chief of Army Staff General Qamar Bajwa on November 28, 2019, for six months.
The Business Recorder reported, the SC and government’s representative mulled over extending a conditional three-month extension in COAS’s tenure while the government comes up with a legislation. The government then presented a written summary undertaking that the parliament will pass legislation regarding the extension matter within six months and also an amended notification.
According to Business Recorder, the amendments included the elimination of the mention of the SC, duration of the army chief’s tenure and the description of army chief’s salary and incentives.
A three-member bench, headed by Chief Justice of Pakistan (CJP) Asif Saeed Khan Khosa and comprising Justice Mazhar Alam Khan Miankhel and Justice Syed Mansoor Ali Shah took up Riaz Hanif Rahi’s petition against the extension in tenure of army chief.