Babar Awan responds to SC's decision on Army Chief extension

Many people wanted clash between the institutions: Babar Awan

ISLAMABAD (Dunya News) – Advisor to Prime Minister on Parliamentary Affairs Babar Awan on Thursday said many people wanted clash between the institutions, however the clashes at current time are not in the interest of the country.

Talking to Dunya News on the matter of extension of Army Chief’s retirement, he said this was first case of its kind and the results are good.

He said a ruckus was created over the matter and Indians were celebrating the earlier decision of the apex court. He said the court has directed to parliament for legislation instead of government, adding the matter would be resolved easily.

Earlier, 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.

A three-member bench comprising of Chief Justice Asif Saeed Khosa, Justice Mian Mazhar Alam Khan Miankhel and Justice Syed Mansoor Ali Shah announced short verdict on a petition filed by The Jurists Foundation through its Chairman Riaz Rahi against Extension of Tenure of Chief of the Army Staff.

In its short order, the Supreme Court remarked: "The extension/reappointment of General Qamar Javed Bajwa, Chief of the Army Staff (COAS) has been challenged before us. In the proceedings before us during the last three days the Federal Government has moved from one position to another referring to it as reappointment, limiting of retirement or extension of tenure and has also interchangeably placed reliance on Article 243(4)(b) of the Constitution of the Islamic Republic of Pakistan, 1973 and Regulation 255 of the Army Regulations (Rules), 1998. However, finally today the Federal Government through the learned Attorney General for Pakistan has presented this Court with a recent summary approved by the President on the advice of the Prime Minister alongwith Notification dated 28.11.2019 which shows that General Qamar Javed Bajwa has been appointed as COAS under Article 243(4)(b) of the Constitution with effect from 28.11.2019."

SC verdict: Army Chief General Bajwa given six-month extension

"We have examined Article 243(4)(b) of the Constitution, Pakistan Army Act, 1952, Pakistan Army Act Rules, 1954 and Army Regulations (Rules), 1998 and inspite of the assistance rendered by the learned Attorney-General, we could not find any provision relating to the tenure of COAS or of a General and whether the COAS can be reappointed or his term can be extended or his retirement can be limited or suspended under the Constitution or the law. The learned Attorney-General has taken pains to explain that the answers to these questions are based on practice being followed in the Pakistan Army but the said practice has not been codified under the law," the apex court stated.