Resistance seems futile

December 8, 2019

The opposition parties appear to be avoiding taking a clear position on the issue

As the countdown towards the six-month deadline set by the Supreme Court of Pakistan to legislate terms and conditions for the reappointment of the army chief, and extension in the tenure, begins this month, the ruling party – Pakistan Tehreek-i-Insaf (PTI) – has signalled that it is ready for dialogue with coalition partners as well as the opposition.

In the last week of November, the Supreme Court passed a short order (detailed judgment awaited), giving six months to General Qamar Javed Bajwa, who was set to retire as Chief of Army Staff (COAS) on November 29 to continue to head the army until the parliament passes a proper law describing clear terms and conditions of this constitutional post, including an extension in his service or reappointment. During the hearing of the petition challenging the extension of the COAS, the attorney general told the court that the law was vague on subjects of tenure, perks, privileges and extension or reappointment of the COAS.

Though the ruling party is hopeful to pass this law with simple majority it aims also to engage other political parties on this important piece of legislation. A number of ministers, including Pervez Khattak, Sheikh Rasheed and Shafqat Mahmood, in separate statements, have said that the government would engage all political stakeholders on the matter.

Mahmood, a senior party leader and minster for education, last week said that legislation on the extension of the COAS would be through consensus of all political parties represented in the parliament. “We are ready to consult all opposition parties, including major opposition parties – the Pakistan Muslim League - Nawaz (PML-N) and Pakistan Peoples Party (PPP) – because it is an issue of national interest. We hope for a show of maturity by all political stakeholders,” he said.

On the other hand, opposition parties claim that the government has not made any contact with them on the matter so far. The opposition parties also appear to be trying to avoid taking a clear position on the issue.

Ahsan Iqbal, secretary general of the PML-N says the government showed complete incompetence in handling the case of extension of the COAS making Pakistan a laughing stock of the world. He says the government should not wage a war on opposition if it wants its cooperation in passing this law.

“This government would not be on a war path with the opposition if it were sincere on the matter,” he tells The News on Sunday. He says this legislation may not enjoy an easy passage in the parliament because of the hostile attitude of Prime Minister Imran Khan and his cabinet colleagues towards opposition parties. To the question of whether the PML-N would support the law allowing an extension or reappointment of the army chief, he says a final decision on this will be taken after the party’s leadership meets and the detailed judgment of the Supreme Court.

Similarly, the PPP is also sending vague signals over the issue. Several party leaders told TNS a final stance would be decided by the party chairperson, Bilawal Bhutto. “Whatever he says will be our line,” a senior PPP senator says.

In a recent media talk, Bilawal Bhutto said the party would take a clear position after studying the detailed judgment of the SC on this matter. “We are awaiting the long order by the SC for further guidance,” he told the media. “The PPP’s role will be positive. We would want a consensus.”

Even in seeking a simple majority, there are some challenges for the government to get this law passed from the Senate (Upper House), where the ruling coalition lacks majority. However, in some key political battles, like the election of the Senate chairman and the no-confidence motion against the sitting chairman of the upper house, secret ballot worked in favour of the ruling coalition. Legally, if a law is rejected by the Senate then it would be presented in the joint session of the parliament (National Assembly and Senate) where the government can get the required result.

Wajahat Masood, an independent political commentator, however, foresees no attempt from political stakeholders to block this legislation or oppose the legalisation of a possible extension or reappointment to this key position.

“There is a principled position on the issue that army chief happens to be a public servant; he is not an overlord and he is not invested with some divine authority to define our national interests and formulate our policies to determine the general direction of the nation,” he says. While the SC verdict is within the legal and constitutional parameters, he says, the tradition for extension of the army chief goes back to the 1950s when the then Governor-General Malik Ghulam Muhammad granted extension to General Ayub Khan in 1954. The verdict, he adds, has defined Pakistan’s political evolution as the question of civilian supremacy over organs of the state looms large.

In Masood’s view, as things stand at the moment, political parties may hope for some give-and-take but essentially the people of the country do not expect any concrete resistance to a legislation that will effectively deprive the coming governments of moral authority to deny the same privilege to the next army chief(s). “This will be like legitimising what has so far been a de facto prerogative of the powers-that-be. Unfortunately, the political class has been rendered spineless. There is no hope of any resistance,” he says.


The writer is a staff member and can be reached at vaqargillani@gmail.com

Army chief extension and PTI's willingness to speak with opposition: Resistance seems futile