COAS Bajwa’s extension hangs in the balance, SC continues hearing

ISLAMABAD: The Supreme Court resumed hearing on the government’s notification regarding the extension in the tenure of Army Chief General Qamar Javed Bajwa.

An Supreme Court bench comprising Chief Justice of Pakistan Asif Saeed Khosa, Justice Mian Mazhar Alam Khan Miankhel and Justice Syed Mansoor Ali Shah is hearing the case. The army chief Qamar Javed Bajwa is being represented by Farogh Naseem, who resigned from his post as law minister yesterday to pursue the case.

The cabinet, in its second meeting on Tuesday, amended Rule 255 of the Army Regulation which was questioned by the court. It also approved a new summary for extension in the tenure of the COAS Bajwa and sent it to President Arif Alvi for approval.

On Tuesday, the court noted that the prime minister had himself passed an order reappointing the current chief of army staff for the second term in that office on August 19 whereas, under Article 243 of the Constitution, it is the president who is the appointing authority for that office.

The government on August 19 had notified reappointment of General Bajwa, extending his tenure by three years, citing “regional security environment”.

The court has made the army chief a respondent to the petition and held that the operation of the impugned order/notification in respect of extension/re-appointment of General Qamar Javed Bajwa for another term in the said office will remain suspended.

During yesterday’s hearing, the attorney general had contended that according to Regulation No 255 of the Army Regulations (Rules) the retirement of an army officer can temporarily be suspended or limited. The court, however, observed that a bare perusal of Regulation No 255 prima facie shows that the said provision can be invoked after an officer has already retired from service and that is why the said regulation speaks of suspension of retirement or limiting of retirement.

The court had also questioned the process and found it to be flawed. The court also observed that another peculiar aspect is that after the purported or so-called approval of the cabinet regarding extension/re-appointment of the incumbent chief of army staff, the matter was never sent to the prime minister or the president again for the purpose of a fresh advice or a fresh order of the prime minister and the president respectively.

The court noted in the order that the stated purpose for the proposed re-appointment/extension in the term of the office of the incumbent chief of army staff is “regional security environment”.

The court said the points noted call for a detailed examination of the matter of extension/re-appointment of COAS Bajwa and made him a respondent to the petition.

Four Possible Outcomes

The three-year term of Gen Bajwa, who is reaching the age of superannuation (60 years) next year, is ending later this week and he can continue his service if the top court decides the case in his favour before Nov 29.

Given the situation, a number of possibilities exist as far as the outcome of the case is concerned.

First, the apex court could accept the government’s steps to fix the legal weaknesses in the original notification and declare the fresh notification as valid, reverting the situation to the status quo and Gen Bajwa would start his next three-year term as the chief of army staff (COAS).

Second, the Supreme Court could declare that the fresh notification is not valid and the extension of the COAS Bajwa would not proceed, indicating that he would retire on November 29.

Third, the bench may not make a decision today and ask for more arguments. If the next hearing is scheduled for a date after Friday when Gen Bajwa retires, then the government will need to announce a new COAS.

Fourth, the government can also opt to take more time for a fresh appointment and in the meantime, the charge of the army chief is handed over to someone else within the high command of the army as per the established rule.

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