Army chief extension case: Supreme Court directs govt to complete legislation in six months
ISLAMABAD: Resuming hearing of the case pertaining to extension in tenure of the army chief, the Supreme Court on Thursday directed the government to complete legislation regarding extension of an army chief in six months.
A three member bench headed by Chief Justice of Pakistan Asif Saeed Khosa heard the case. The top court had earlier today reserved its judgment directing the government to draft a law on the army chief’s extension.
The top judge of Pakistan has granted the army chief conditional permission to continue his service for the next six months until the law is finalised about the extension. He said the case was now rested with the parliament.
In its historic judgement, the apex court said that an extension in army chief’s tenure was made by the president in consultation with the prime minister. According to the documents, the federal government controlled the Pakistan Army, it said.
The chief justice pronounced the short order, while the detailed verdict would be announced later.
Earlier today, Asif Khosa had said the summary approved by the federal cabinet regarding extension of Chief of Army Staff General (retd) Qamar Javed Bajwa did not mention the clause that should have been included in it, rather it mentioned the proceedings of the court.
The court had directed the attorney general to present an improved summary. Attorney General Anwer Mansoor had said a separate law would be made regarding the army chief.
The court had asked the government to give in written form that it would complete the lawmaking process in six months. “If the legislation is not made in six months, then the appointment would be illegal,” it had said.
The court had sought a four-point statement from the government. “Why do you use our shoulders? You have to lift your burden your own self,” the chief justice had said.
He had expressed his reservation on the extension for the period of three years. If the apex court approved the extension, it would become a precedent, he had said. He had also said that they got bounded when something was done according to the constitution.
The chief justice said the parliament had to remove the ambiguity in the army act.
Former attorney general Ashtar Ausaf Ali, in a statement, said there was no need of amendment in the constitution in presence of Article 240, which tells you the way of amendments in the acts.