ISLAMABAD: The federal government’s high political wizards moved rapidly on Thursday to preclude a doable media guessing recreation on the Supreme Courtroom’s ruling within the case relating to a service extension to/reappointment of Normal Qamar Javed Bajwa as chief of the military staff.
A 3-judge bench of the apex court docket – headed by Chief Justice Asif Saeed Khosa – gave the federal government six month to legislate on the tenure of COAS for the reason that Structure is silent on the matter.
Talking at a information convention after the decision, Barrister Farogh Naseem, who resigned as regulation minister earlier this week to plead the case within the high court docket, sought to make clear that the decision didn’t imply that Gen Qamar would stop to be the military chief after six months.
“Now, it could be parliament’s prerogative to repair the tenure of the military chief,” he mentioned on the information convention the place he was flanked by Lawyer Normal of Pakistan (AGP) Anwar Mansoor Khan and prime ministerial aides Shehzad Akbar and Firdous Ashiq Awan.
Naseem described the apex court docket ruling as victory of the regulation and democracy. “The Military Act is pre-Partition and it was by no means challenged prior to now. The process adopted within the extension to the military chief was the identical that had been adopted prior to now,” he added.
The previous regulation minister pressured that the matter within the Supreme Courtroom was settled swiftly due to “the energy of the Structure and the system”. He added that “right this moment, it’s the victory of democracy, regulation and the Structure.”
On this case, he mentioned Article 243 of the Structure had been interpreted as a “level of first impression”. He questioned why the issues weren’t set straight through the previous seven a long time.
“After the 18th Constitutional Modification, two governments got here to energy. Why did they not make issues proper? When the federal government of [Prime Minister] Imran Khan got here to energy, voices are raised,” he added. “All of us ought to have been extra accountable on this case,” he mentioned.
Explaining the brief order of the apex court docket, Naseem emphasised that the ruling said that a new regulation be launched below which the military chief’s appointment could be made.
He pressured that his resignation from the cupboard was of his personal volition. On the event, Firdous mentioned Naseem’s return to the cupboard was a prerogative of the prime minister. She additionally mentioned that the court docket ruling shouldn’t be linked with any particular person.
AGP Khan instructed the information convention that “it’s not a matter of adversity for the federal government” relatively, making a regulation for military chief’s appointment and extension of his tenure “might be a matter of delight for the federal government”.
“Immediately’s determination is a historic determination. The way in which the Structure has been interpreted will present steering for us in future,” he added. “Varied legal guidelines had been debated and lots of issues got here to the fore, which had been by no means earlier than determined in court docket.”
AGP Khan insisted many military chiefs had been appointed and lots of bought extensions through the use of the identical process that was employed this time round. For the reason that Military Act was by no means challenged in courts earlier than, “nobody ever realised the errors concerned within the procedures”, he added.
He pressured that it had been a convention to do issues the present manner. So when the primary notification was issued it was “a routine notification”, he mentioned. “The summaries had been the identical and the principles had been adopted in the identical method. There have been no additions or any adjustments made.”
AGP Khan mentioned the court docket, in its observations, had persistently referred to 2 issues: a normal didn’t have the age of superannuation; and the regulation didn’t point out how the chief of military employees could be appointed or his “time period of workplace”.
Shehzad Akbar instructed reporters that the prime minister’s proper to nominate and prolong a military chief’s tenure below Article 243 had been accepted. “A brand new regulation might be enacted via an act of parliament,” he mentioned. “The Military Act may also be amended.”