Govt decides to consult cabinet on SC's detailed verdict over Army Chief's extension
The meeting will review the legal aspects of the detailed verdict.
ISLAMABAD (Dunya News) - The government has decided to consult the cabinet on the Supreme Court’s detailed verdict on the tenure of the Army Chief.
Foreign Minister Shah Mehmood Qureshi presided over an emergency meeting of the Pakistan Tehreek-e-Insaf (PTI) spokespersons. The legal team briefed government spokespersons on the SC’s detailed verdict.
According to sources, the government team has already made a decision to review the verdict, but the final decision to review the verdict will be taken after Prime Minister Imran Khan’s return.
READ MORE: SC issues detailed verdict in Gen Bajwa extension case
On the other hand, the matter of Chief Election Commissioner (CEC) and members was agreed to be resolved in the Parliament itself.
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. General Qamar Javed Bajwa will retire automatically if the required legislation was not done within given time frame.