ISLAMABAD: Supreme Court of Pakistan on Monday issued the detailed verdict in a case pertaining to the extension in General Qamar Javed Bajwa service as the Chief of Army Staff (COAS).
The detailed 43-page verdict written Justice Mansoor Ali Shah stated that a three-member bench of the apex court headed by Chief Justice Asif Saeed Khosa explored the scope of Article 243 of the Constitution, reviewed the Pakistan Army Act, 1952, the Pakistan Army Act Rules, 1954.
The top court found that 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. It does not provide for essential elements required to raise and maintain an army, particularly the grant of Commissions in the Army and the terms of service of the Commissioned Officers including tenure and extension of a General.
It further found that the terms of service of the rank of General regulate the tenure and other terms of service (except salary and allowances) of the post of the COAS. The salary and allowances of the COAS are to be determined by the President under clause (4) of Article 243 of the Constitution.
“Now the ball in parliament court and if it would fail legislation in this connection the army chief will retire from his post,” the written verdict stated.
In his additional note, CJP said that court’s decision to given six months to the government should not be attached with the unfamiliar ideology of need.
“Everyone should keep in mind that if the institutions become strong the nation would get progress,” CJP said in his note.
On November 28, Supreme Court granted a six-month conditional extension to incumbent General Qamar Javed Bajwa in his service as the chief of army staff (COAS), and ordered the government to complete the required legislation within six months for extension/appointment of an army chief.