Govt decision of COAS extension ‘outcome of flawed decision making’

KARACHI: The Supreme Court on Tuesday highlighted the several legal and procedural lacunae in the federal government’s decision of granting extension to COAS Gen Qamar Javed Bajwa, indicating a flawed decision making process. The hearing provides an opportunity to set standards setting aside notions that the decision is taken to meet political objectives.

The host of programme Aaj Shahzeb Khanzada Key Saath on Tuesday said in his viewpoint the Supreme Court’s proceedings into the extension of the COAS Gen Qamar Javed Bajwa has become a complicated puzzle. He said the apex court raised strong legal questions which were addressed by the federal government and it remains to be seen if they are accepted. The notification of the COAS's extension was erroneously issued on August 19 by the prime minister, but later it was withdrawn and sent to the president who signed it on the same day. However, as it later transpired that the federal cabinet’s endorsement was imperative and not that of the prime minister alone. Another problem, as the SC pointed out, emerged when it was found that some members of the cabinet abstained from the decision. Special Adviser on Accountability Shahzad Akbar while briefing the media said that later five more members of the cabinet later signed their assent to the decision, making 19 out of 25 cabinet members who backed the decision.

The Supreme Court noted that while the government got the summary approved from the cabinet but neither the president nor the prime minister signed that document. In its order, the court pointed out a lacunae in the Armed Forces Services Rule, which does not allow for any extension in the service of the army chief. Following the order, the cabinet met in an emergency huddle amending Clause 255 of the Pakistan Defence Services Rules, by adding the word “extension” in it. The anchor said the apex court had also raised the objection to the “vague wording” of national security requirements cited as justification for granting extension to the army chief. Khanzada referred to media briefing by Federal Minister Shafqat Mahmood who explained the national security reasons for the government’s decision. Barrister Farogh Nasim would represent the army chief in "Wednesday’s hearing, after he tendered his resignation as law minister to defend the COAS in the case. Interestingly, on Nov 21 when the CJCSC was nominated, the federal government announced that notification of the army chief’s extension was already issued on Aug 19, whereas on the contrary the cabinet had approved the extension on Aug21.