Cheif Justice of Pakistan Justice Asif Saeed Khosa was right in protesting against the vilification campaign against the judiciary and putting the executive on the mat while showing judicial restraint as did the Islamabad High Court in ordering retrial of the Musharraf treason case.A three-member bench of the Supreme Court of Pakistan (SCP) headed by Chief Justice Asif Saeed Khosa in its brief order has allowed a six-month probation period to Chief of Army Staff Gen Qamar Javed Bajwa to stay in office and the government to undertake necessary legislation to determine the contours of the most powerful office.Again finding glaring omissions and contradictions in the third summary by Prime Minister Imran Khan meant for a fresh appointment of the outgoing COAS for three more years, the court showed its bewilderment about how could be a sitting officer freshly appointed while in office. Similar was the reaction of the SCP to the extension or re-appointment of Gen Bajwa, as how could be a retired officer appointed COAS. Since the tenure of the office of the COAS is also not defined in the Pakistan Army Act or Army’s Rules and Regulations, the SCP also rejected a three-year extra tenure as sought by the government.Last three days of judicial intervention under Article 184(3) of the Constitution put the Imran Khan government in a most embarrassing position, as it continued to fumble over three summaries of the PM Office and the presidential notifications. Yet it failed to present any legal provision and constitutional justification for the extension of the tenure of COAS. The glaring mishandling added fuel to the general criticism of the extension in the services of army chiefs — almost all army chiefs had been extending their tenures on their own during the periods of prolonged martial laws. But, despite the 18th Amendment, even some professional army chiefs tried to maneuver extra tenure, such as Gen Kayani, which was resented by the rank and file of the armed forces. The chief justice ridiculed the ministry of law for having messed up with the procedure of appointment. The first letter of appointment was issued by the PM Office on Aug 19 and the summary was approved the same day by the President who had in a TV interview on Sept 12 had, however, shown his ignorance about the summary. Then on Aug 21 the cabinet approved another summary but it was not signed by the President. The SC rejected the summary of appointment and asked the government to come with clear orders. Again the cabinet met and approved a summary for “re-appointment” and the president on PM’s advice issued the order for “extension”. That was also rejected by the SCP. The third summary presented on Thursday was also overturned by the bench and it asked the Attorney General and Gen Bajwa’s attorney to amend the summary, excluding a reference to SCP, omitting three-year tenure, giving commitment to bring in an appropriate legislation within six months and in its order restricted the extension of chief to six months without providing justification for the extension which remains without legal justification. Even though the SCP avoided creating a crisis of command in Pakistan Army as this was the last day of Gen Bajwa’s term, its decision fell short of logical conclusion. On the same day, it is perhaps a coincident that the Islamabad High Court restrained the Special Court in General Musharraf’s treason case from announcing its decision and has almost reopened a closed case as desired by the ministry of interior headed by Brig (R) Ejaz Shah.The Supreme Court has rather thrown the ball back to the executive and the parliament. With the humiliation of the Khan government, a greater space is created for the opposition parties to find courage in asserting the supremacy of the parliament. The whole controversy must have not left some quarters with a good taste about the man they preferred to other politicians. The COAS could either keep a legitimate distance and wait for his retirement or resign to retrieve the prestige of the office of COAS or become more engaged to seek full tenure. All these options will have far reaching implications on the alignment of forces in Pakistan. What is probable is that with the weakening of his backing Imran Khan may lose his majority in the Punjab and, subsequently, at the Centre. Now the parliament would become a center-stage of political maneuverings. But it remains deadlocked due to exclusionary and intimidating attitude of PM Khan who has put many top leaders of mainstream parties to the sword of a selected ‘accountability’. The issue before the parliament could become much broader in the context of a precarious civil-military relation. Finding some relief from the establishment, PM Khan could assert the chief executive’s office by only accommodating the opposition parties. This could be an exceptional opportunity for Pakistan People’s Party and Pakistan Muslim League (Nawaz) to show some steadfastness on the issues of civilian supremacy. But it should not be forgotten that the politicians because of their rivalries could be tempted to outclass each other in their temptations to find favor from the establishment. In the meanwhile, media may find greater room to discuss the forbidden issues.
from The News International - National https://ift.tt/33zAEOt
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