Former federal law minister Barrister Farogh Naseem on Wednesday said extension in the tenure of Chief of Army Staff General Qamar Javed Bajwa will start on November 29 (today) and it will have to be legalised by the parliament through legislation within six months.
The period of tenure extension will be decided after amending the Rule 255 of Army Regulations by the parliament by a simple majority, he said while addressing a press conference here.
He was flanked by Special Assistant to Prime Minister on Information and Broadcasting Dr Firdous Ashiq Awan, Special Assistant to Prime Minister on Accountability Mirza Shehzad Ali Akbar and Attorney General for Pakistan Anwar Mansoor Khan.
Farogh Naseem urged the media to play a constructive role instead of spreading fake news vis-a-vis General Bajwa’s extension and not let the enemy do propaganda on the issue. The Supreme Court has delicately handled the case and guided the government to legalise the re-appointment of COAS, he added.
Attorney General Anwar Mansoor Khan said that to legislate on the matter of an army chief’s appointment and extension of tenure ‘will be a matter of honour for the government’. “This is not a matter of adversity for the government,” he said. “Today’s decision is a historical decision. The way the constitution has been interpreted will provide guidance for us in the future,” he said.
Speaking of the unprecedented nature of the case and the proceedings that followed for three days, he said it is important to note that various laws were debated upon and many things came to the fore which were never before decided in court. “It is important to state here that the Army Act is pre-partition and after small modifications, it is being amended. It was never before challenged in court,” he said. “This was the reason why no one ever realised the mistakes involved in the procedures that were being followed,” he said.
The attorney general said that prior to Gen Bajwa’s appointment, many chiefs of staff were appointed and many got extensions using the same method that was employed this time around. “The summaries were the same and the rules were followed in the same manner. There were no additions or any changes made,” he said, adding that it had been a custom to do things the existing way and so when the first notification was issued, it was a ‘routine notification’.
The attorney general said the court in its observations has consistently referred to two things: a general (currently) does not have a superannuation age and no law mentions the chief of army staff – how he will be appointed or what his term of office will be.
“You must have seen Article 243, as well as Regulation 255 of the Army Act, mentioned in the proceedings a lot. Article 243 deals with the appointment of the chief of general staff and Regulation 255 deals with his rank,” he explained, adding, “Of course, each was examined separately.”
AG Khan then went on to explain the crux of the short order. He said the court has noted that Article 243 states that the appointment of an army chief by the president ‘is subject to law’ but since there exists no law for the appointment, “they have asked us to make a law mentioning the tenure and the methodology of his appointment”.
Special Assistant to Prime Minister on Information and Broadcasting Dr Firdous Ashiq Awan said the Supreme Court verdict is the victory of democracy and it will help strengthening institutions. She said the judgment has provided the opportunity to rectify the lacunas in the existing laws. She said the petition challenging the extension of COAS must not be linked with any particular personality. The dream of country’s detractors sitting abroad has been smashed with the judgment, she said, adding that the second three-year tenure of the COAS will start from late Thursday night. To a question, she said the re-induction of former Minister for Law and Justice Dr Farough Naseem in the federal cabinet is the prerogative of the prime minister.
Separately, Foreign Minister Shah Mehmood Qureshi expressed satisfaction over the timely judgment of the apex court in the case.
Talking to a private TV channel, he said keeping in view the present situation on borders and the region, it is a timely decision of the higher judiciary. Any unusual situation or circumstances are not in the interest of the country, he stated.
Commenting on Article 243, he said it is the prerogative of the prime minister to grant extension to the army chief. However, he said, following the orders of the apex court, the cabinet will act upon it. The allied parties, he said, are with the government and will support it regarding legislation. He hoped that the opposition will have positive attitude towards the government.
