*ISLAMABAD -**Supreme Court of Pakistan reveals detailed judgement overPakistan Army Chief tenure extension case.*
* The Supreme Court, in its detailed judgement, has expressed its shockthat Pakistan does not have any law to regulate the “terms and conditionsof service”, including extension and reappointment, of the army chief.*
“It has been a shocking revelation to us,” reads the 39-page judgementauthored by Justice Mansoor Ali Shah.
Prime Minister Imran Khan had appointed the current COAS for another termof three years on August 19, 2019. The president then granted him theextension.
The extension was then challenged on the grounds that it is offensive toArticle 243(4)(b) of the Constitution. The case was initially filed by theJurists’ Foundation but after it asked to withdraw the case, the courtdecided to take it up itself.
During the hearing, the court explored the scope of Article 243 of theConstitution, and the Pakistan Army Act, 1952.
The court on November 28 extended Chief of Army Staff General Qamar JavedBajwa’s tenure by six months and ordered the government to make a lawregulating such appointments. The detailed verdict was released on December16.
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“The history of our army has seen successive appointments, retirements andextensions of several army chiefs since Independence.
However, for the first time, the matter has come to the highest court ofthe land questioning the legal framework under which these appointments,retirements and extensions take place,” the judgement says.
The verdict pointed out that “the stated purpose for the proposedreappointment/extension in the term of office of the incumbent chief of thearmy staff is ‘regional security environment’.
The said words are quite vague and, if at all there is any regionalsecurity threat then, it is the gallant armed forces of the country as aninstitution which are to meet the said threat and an individual’s role inthat regard may be minimal.
If the said reason is held to be correct and valid then every personserving in the armed forces would claim reappointment/extension in hisservice on the basis of the said reason”.
