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INTERNATIONAL

die in exile, it cannot be ruled out that Bilawal Bhutto may be as well as the government to furnish the details and logic of the
the new favorite of the GHQ. extension. The nervous petition wanted to withdraw his
petition, but the court converted into public interest litigation
he apex court has given conditional extension of under Article 184 of the Pakistani Constitution.
six months to Bajwa that too after seeking written
T undertaking from the government to draft an amend- COURT ROOM OBSERVATIONS
ed notification with the elimination of the mention of the On the Wednesday’s hearing, the CJP observed, “the matter
Supreme Court, duration of the Army chief’s tenure, and of the period of army chief’s tenure is very important. In the
the description of Army chief’s salary and incentives. The past, five or six generals have granted themselves extensions.
extension was given only after the written statement from We will look at this matter closely so that this does not happen
the government that “legislation pertaining to the exten- in the future. This is an extremely important matter [and] the
sion will be prepared within six months.” It also appears that Constitution is quiet about this,” He further explained, “Accord-
the apex court’s order has given a life of at least six months ing to the law, during a war, the army chief can stop officers’
to the crumbling government of Khan. The GHQ may allow retirements, however, in this case the government wants to
him to stay in power till the constitution is amended for the stop the army chief’s retirement.”
appointment and extension of the army chief. Justice Shah pointed out that Article 243 of the Constitution
In an open court, Justice Khosa had quipped, “You are giving talks about the appointment of an officer and asked: “Does it
the incumbent chief a three-year extension, so what if a more mention the period of appointment as well? He further asked if
capable military officer is on service? Would you grant him a a general can continue to work if his tenure is extended just two
thirty-year extension?”He also observed that propaganda was days before his retirement. “Where does it say that it is a three-
launched against the judges as we took year term (for an extension)?” he asked.
up the matter. “It was said that the three The attorney general admitted that the
judges are CIA agents and are working on It is often said that period of the tenure is not specified in the
Indian agenda.” history repeats. In rules. On this, Justice Khosa emphasized
that the court was looking at the rules
THE PREVIOUS EXTENSIONS Pakistan, the judiciary regarding the tenure of the army chief,
At the outset of hearing on Thursday, has again challenged not a general.
the Chief Justice asked Attorney General
Anwar Mansoor Khan to present the the illogical methods MINISTER QUITS TO BACK BAJWA
notifications regarding the extension in of the power game Instead of devoting more attention to the
the tenure of former Army chief (retd) facts and process, the Imran Khan and his
General Ashfaq Pervez Kayani and the the military team were seen in indulging in more dra-
retirement of (retd) General Raheel Sharif. establishment plays ma than taking corrective measures. His
He also quipped, “We were told yesterday law minister, Farogh Naseem, resigned
that generals never retire.” on November 26 night and presented
The attorney general informed the court that General himself as a lawyer to defend General Bajwa before the apex
Bajwa has been reappointed under Article 243, to which the court. The attorney general, Anwar Mansoor Khan, presented
CJP remarked that “you have to convince us this is legal.”After arguments on behalf of the government.
the arguments from the attorney general and Farogh Naseem, In the court room, a lively conversation was witnessed,
the bench stated that the court will announce the short order when the attorney general stated, “the process was “nothing
in the afternoon while the detailed verdict would be issued in new” and “extensions were notified in the same manner in the
the evening. past.” Justice Alam quipped, “In the past the court never stepped
In the meantime, the court granted Bajwa permission to in to assess someone’s extension in tenure.”
continue working, conditionally. It further instructed the gov- The apex court also refused to accept the Khan government’s
ernment to prepare a fresh notification, which does not list logic that the situation in Jammu and Kashmir and also the
the tenure of the extension and to submit it in the court in the regional security environment requires that Bajwa should
afternoon. Thus the three-day drama of Bajwa’s extension for continue. “If the (regional security) situation is so then the army
another three years was concluded on Thursday, November 28, as a whole body can deal with the situation, not the individu-
just 24 hours before his superannuation with only six months al,” Khosa said. “If this criteria is allowed than every individual
extension. in the army can demand an extension on the same grounds.”
It all began on November 26, 2019, when a petition on the He regretted that the office of the prime minister has failed to
extension of Bajwa was moved before the apex court by a little- follow procedure by submitting the extension request through
known petitioner, Raiz Rahi, a lawyer, who had questioned the the office of Pakistan’s president.
process of the extension given to the army chief. Justice Khosa
ordered the suspension of the extension, and asked the army LETTERS@TEHELKA.COM

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