SC adjourns army chief extension case hearing till tomorrow

• Following suspension of notification of COAS' extension, PM and President approved a fresh notification for his extension.
• Farogh Naseem also resigned from his post of law minister to represent government in the case.

The Supreme Court (SC) adjourned on Wednesday a case regarding the extension in Chief of Army Staff (COAS) General Qamar Javed Bajwa's tenure.

A three-member bench, headed by Chief Justice of Pakistan (CJP) Asif Saeed Khan Khosa and comprising Justice Mazhar Alam Khan Miankhel and Justice Syed Mansoor Ali Shah took up the hearing. The army chief is being represented by Farogh Naseem, who resigned from his post as law minister yesterday.

Naseem will represent the government along with Attorney General (AG) Anwar Mansoor Khan in the case. During the hearing today, the CJP said that the media had reported incorrectly about the top court taking suo motu notice.

He asked Riaz Hanif Rahi where he was yesterday and whether he wants the court to hear his petition. The bench said that it was hearing the petitioner's application now. The AG presented before the court a new copy of the documents leading to an order passed yesterday by the PM and president for the extension of the COAS.

The CJP said that the documents the AG presented pertained to Article 255 which states about an officer who either stepped down from his post or was fired from service. He asked whether a retired army officer be re-appointed.

The matter of the period of army chief's tenure is very important, the CJP stated. Justice Shah asked whether a general can continue to work if his tenure is extended two days before his retirement. He asked where does it say that it is a three-year term. The AG replied that the period of the tenure is not specified in the rules.

The CJP said it would be better if the court reviews the Army Act and rules to understand the legal point of view. Justice Shah once again asked Khan if a retired general can be appointed as COAS. The AG said that the appointment and tenure are decided under the 1947 Convention.

The bench asked whether the COAS's tenure was ending tomorrow. The AG replied that the army chief's tenure will end at midnight on Thursday.

https://www.brecorder.com/2019/11/26/547822/farog-naseem-resigns-as-law-minister/

The SC had suspended the COAS's extension notification on Tuesday. The top court also took up the original petition in public interest under Article 184 (3) of the Constitution and converted it into a suo motu notice.

Following the suspension, Prime Minister Imran Khan and then President Dr Arif Alvi approved a fresh notification for the extension of the COAS.

Prime Minister (PM) Imran Khan had approved three-year extension in the tenure of General Bajwa in August . The army chief is set to retire on November 29.“General Qamar Javed Bajwa is appointed Chief of Army Staff for another term of three years from the date of completion of current tenure," a notification issued from the PM's Office had said.