SC issues detailed verdict in Gen Bajwa extension case
The court explored the scope of Article 243 of Constitution, reviewed Pakistan Army Act, 1952
ISLAMABAD (Dunya News) – Supreme Court on Monday issued the detailed verdict in case pertaining to the extension to incumbent General Qamar Javed Bajwa in his service as the Chief of Army Staff (COAS).
The detailed verdict written Justice Mansoor Ali Shah stated that a three-member bench of the apex court headed by Chief Justice Asif Saeed Khosa explored the scope of Article 243 of the Constitution, reviewed the Pakistan Army Act, 1952, the Pakistan Army Act Rules, 1954.
The top court found that Pakistan Army Act, 1952 falls deficient of the structural requirements for raising and maintaining an Army under clause (3) of Article 243 of the Constitution. It does not provide for essential elements required to raise and maintain an Army, particularly the grant of Commissions in the Army and the terms of service of the Commissioned Officers including tenure and extension of a General.
It further found that the terms of service of the rank of General regulates the tenure and other terms of service (except salary and allowances) of the post of the COAS. The salary and allowances of the COAS are to be determined by the President under clause (4) of Article 243 of the Constitution.
On November 28, Supreme Court granted a six-month conditional extension to incumbent General Qamar Javed Bajwa in his service as the chief of army staff (COAS), and ordered the government to complete the required legislation within six months for extension/appointment of an army chief.
READ SUPREME COURT DETAILED VERDICT BELOW:
