General Bajwa extension case: Live updates from Supreme Court of Pakistan

ISLAMABAD: The Supreme Court (SC) on Thursday granted a conditional permission to extend Chief of Army Staff (COAS) General Qamar Javed Bajwa's tenure by six months after being assured by  the government that it would legislate on the army chief's appointment and remuneration within six months.

"We exercise our patience and leave this matter to the parliament," the court said in the verdict.  "The parliament should now legislate on the army chief's appointment according to Article 243 of the Constitution."

"During this time, COAS General Bajwa will continue to hold his position," the court added.

A three-member bench of the apex court, headed by Chief Justice Asif Saeed Khan Khosa and comprising Justice Mazhar Alam Khan Miankhel and Justice Mansoor Ali Shah, announced the verdict in a short order after hearing a petition challenging the extension of COAS General Bajwa.

The written order of the court stated: ""Considering that the COAS is responsible for the command, discipline, training, administration, organization and preparedness for war of the Army and is the Chief Executive in General Headquarters, we, while exercising judicial restraint, find it appropriate to leave the matter to the Parliament and the Federal Government to clearly specify the terms and conditions of service of the COAS through an Act of Parliament and to clarify the scope of Article 243 of the Constitution in this regard. Therefore, the current appointment of General Qamar Javed Bajwa as COAS shall be subject to the said legislation and shall continue for a period of six months from today, whereafter the new legislation shall determine his tenure and other terms and conditions of service."

The chief justice, during the hearing, asked Attorney General Anwar Mansoor Khan to present the notifications regarding the extension in the tenure of former army chief (retd) General  Ashfaq Pervez Kayani and retirement of (retd) General Raheel Sharif.

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

The attorney general informed the court that General Qamar Bajwa has been reappointed under Article 243, to which the CJP remarked that "you have to convince us this is legal."

After the arguments from the attorney general and Farogh Naseem, the bench stated that the court will announce the short order in the afternoon while the detailed verdict would be issued in the evening.

The court also asked for a written statement from the government that “legislation pertaining to the extension will be made within six months.”

"You are giving the incumbent chief a three-year extension, so what if a more capable military officer is on service? Would you grant him a thirty-year extension?" questioned the CJP.

‘Propaganda against judges’

The CJP observed that propaganda was launched against the judges as we took up the matter. “It was said that the three judges are CIA agents and are working on Indian agenda.”

On this, the AGP said that the matter was discussed in India. Justice Khosa observed that this is not good that a constitutional office is being made controversial.

Army's help sought

The SC on Wednesday said there were three points which the court will consider on the issue of extension to the tenure of the army chief: the law, procedure involved, and grounds for granting an extension.

The federal government, aided by the military’s legal wing, prepared a new summary yesterday removing all the legal lacunae pointed out by the apex court earlier in the day.

The whole work was done for the first time in the light of assistance provided by the Judge Advocate General (JAG) Branch of the GHQ.

Well-placed sources told the paper that input of the JAG Branch was sought by the relevant ministry which had failed in producing documents required for the extension correctly and in the light of the observations of the SC that has pointed out serious errors in the drafts and notifications.

The sources pointed out that the whole process for fresh notification was completed by mid-night between Wednesday and Thursday. The same will be placed before the Supreme Court today.

The summary includes extension in service instead of appointment. The federal cabinet in accordance with the relevant rules approved the summary late on Wednesday evening through circulation process and subsequently submitted to the president who had issued the requisite notification.

Plan B

The meeting of the stalwarts of the government and the relevant ministry was chaired by Prime Minister Imran Khan where all developments were discussed thoroughly and the meeting was also attended by the COAS on the invitation of the premier. 

Attorney General Anwar Mansoor Khan, former law minister Naseem, federal law secretary and other senior officials were also in attendance. 

The meeting expressed its displeasure over the differences between summary and notification for extension submitted earlier in the day before the Supreme Court, which caused the displeasure of the bench. The sources said that while the meeting took stock of the situation, made up its mind for both the best and worst situations.

The so-called plan B would be pressed into action if the government failed in convincing the learned court about the extension. The plan provides promulgation of presidential ordinance to facilitate the extension since the government is determined to save the situation and it wouldn’t allow any chaotic situation to develop.