Army chief's extension case: SC issues detailed verdict

Army chief's extension case: SC issues detailed verdict

Islamabad (Staff Report/Agencies): The Supreme Court on Monday issued its detailed verdict on the extension of Army chief’s tenure.


In the detailed verdict, the apex court states that SC bench "explored the scope of Article 243 of the Constitution, reviewed the Pakistan Army Act, 1952, the Pakistan Army Act Rules, 1954".

The court "found that the Pakistan Army Act, 1952 falls deficient of the structural requirements for raising and maintaining an Army under clause (3) of Article 243 of the Constitution".

The verdict noted that "no tenure or age of retirement for the rank of General is provided under the law. As per the institutional practice a General retires on completion of a tenure of three years. Although an institutional practice cannot be a valid substitute of the law."

"There is no provision in the law for extending service of a General for another tenure; nor is there any consistent and continuous institutional practice of granting such extension," Justice Shah wrote, adding that the summaries for the reappointment, extension and fresh appointment of General Bajwa were "meaningless" in absence of the relevant law.

The verdict further stated that in the light of the attorney general's assurances as well as the importance of the responsibilities of the COAS, it is appropriate that the incumbent COAS may continue for a period of six months.

On November 28, the top court, in its short order, had allowed the federal government to grant a six-month extension to COAS General Qamar Javed Bajwa.