ISLAMABAD: The Supreme Court, in its short order, left it to the government and Parliament to do the necessary legislation clarifying and specifying reappointment, extension, perks and privileges and tenure of the chief of army staff after three days’ of grueling proceedings.Legal experts believe that there may not be any need to amend Article 243 of the Constitution, which deals with the command of the armed forces. It is unclear so that either amendment may be made in the Pakistan Army Act or a new act of Parliament will be enacted or both will be done.It is believed that the issue would remain in the limelight till it is settled once for all.Eminent constitutional lawyer Zahid F. Ebrahim said in a tweet that the government has the parliamentary strength to amend the army act to provide for term limits and extensions for the army chief. In his view, no constitutional amendment or two-thirds majority is required. Therefore, the opposition can continue to enjoy its slumber, he wrote.The short order found it appropriate to leave the matter to the Parliament and the federal government to clearly stipulate the terms and conditions of service of the army chief through an Act of Parliament and to clarify the scope of Article 243 in this regard.The order noted that the government moved from one position to another on the issue during the last three days referring to it as reappointment, limiting of retirement or extension of tenure and has also interchangeably placed reliance on Article 243(4)(b) and Regulation 255.“The apex court exercised restraint in passing any order and left it to the government and Parliament to remove the anomalies and fill up the gaps in the Constitution and law about the reappointment, extension and other related matters,” prominent lawyer Omar Sajjad told The News when contacted. He said that although the extension was not allowed in the Constitution or law, the apex court permitted Gen Bajwa to continue in his position for six months so that requisite legislation is done within this period.It was noted in the short order that there was no provision in 243(4)(b), Pakistan Army Act, Pakistan Army Act Rules and Army Regulations (Rules) relating to the tenure of army chief or of a general and whether the military chief can be reappointed or his term can be extended or his retirement can be limited or suspended.Instead of practice, the apex court wanted the government to codify all these measures in the law. The existing statutes do not specify the tenure, retirement, reappointment and extension of the army chief or a general. While justifying the exercise of judicial restraint, the Supreme Court noted that the military chief is responsible for the command, discipline, training, administration, organization and preparedness for war of the army and is the Chief Executive in General Headquarters. The instant judicial restraint means that the court avoided striking down the extension notification signed by President Dr Arif Alvi and allowed Gen Bajwa to continue for six months. After that, the new legislation will determine his tenure and other terms and conditions of service.The last three days saw a crisis-like situation and an issue that has never been debated so intensely in any judicial or political forum was talked about. It ended with the short order. The social media was madly awash with comments on the interpretation of the judicial proceedings with some posts being too irrational and irresponsible.
from The News International - National https://ift.tt/2DsEy0R
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