SC verdict proved judiciary is independent: Firdous Ashiq

Dunya News

All institutes are playing their role in progress of the country as per law and constitution: SAPM

ISLAMABAD (Dunya News) – Special Assistant to Prime Minister on Information and Broadcasting Firdous Ashiq Awan on Thursday said the verdict of Supreme Court has proved supremacy of constitution and independent judiciary in the country.

She was reacting to the apex court order that granted six-month conditional extension in the tenure of the Army Chief General Qamar javed Bajwa on Thursday.

Awan in a tweet said under the leadership of PM Imran Khan Pakistan is progressing with stable institutions and continuation in democratic norms.

The Special Assistant further said that all institutes are playing their role in the progress of the country as per law and constitution.

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."

"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.