Army Chief Case: No law for extension is violation of constitution: SC

Supreme Court of Pakistan has issued detailed judgment in Army chief ‘s tenure extension case written by Justice Mansoor Shah, here on Monday.

According to the details, Supreme Court bench that heard the army chief’s tenure extension case ordered in its detailed verdict based on 43 pages that General Qamar Javed Bajwa will retire if the Parliament failed to legislate over the matter.

The superior court verdict stated that the matter is being referred to the Parliament so that mistakes on sensitive matters could not happen in future.

Supreme Court also said there was no legal ground to extend the army chief’s tenure by three years.

The judgment stated that the court is extending the army chief’s tenure by six months. The Supreme Court further stated that law to extend the Chief of Army Staff’s tenure does not exist.

The verdict stated that in the past several general were appointed and their tenures were extended without proper legislation. The SC stated that the extension in army chief’s tenure is not mentioned in the Army Act.

The judgment also consisted of an additional note of Chief Justice Asif Saeed Khosa which stated that no one is above the law. The note stated the appointment of the army chief is directly linked to the security of the people.

The additional note stated that there is no law for extension in army chief’s tenure which is violation of the Constitution.

It stated that the new army chief will be appointed on the advice of the prime minister.

It is is to remember that, on November 28, 2019, the Supreme Court allowed the extension in the tenure of Chief of Army Staff  General Qamar Javed Bajwa by six months.

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.

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.