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The National Assembly on Tuesday approved three bills to formalize the process governing the tenure and reappointment/extension of Chief of Army Staff, Chairman Joint Chiefs of Staff Committee, Chief of the Air Staff and Chief of the Naval Staff.

The tenures of Chief of Army Staff, Chairman Joint Chiefs of Staff Committee, Chief of the Air Staff and Chief of the Naval Staff will be of three years and they can be given extension/additional tenure of three more years.

The opposition members of Jamiat Ulema-e-Islam (Fazl), Jamaat-e-Islami (JI) and Members of the National Assembly (MNAs) Mohsin Dawar and Ali Wazir from Tribal Areas (North Waziristan & South Waziristan) staged a walkout from the House in protest against the bills and for not giving them floor to discuss bills and present their viewpoints.

Prime Minster Imran Khan, who probably twice or thrice attended the session of the National Assembly since the formation of incumbent Lower House of the Parliament, was present in the House on Tuesday before start of the session for a vote on three bills for extension of the services of the chiefs of the Armed Forces.

The House passed 'The Pakistan Army (Amendment) Bill, 2020, The Pakistan Air Force (Amendment) Bill, 2020 and The Pakistan Navy (Amendment) Bill, 2020' with a majority vote in 12 minutes when Defence Minister Pervez Khattak presented them separately.

The defense minister requested the PPP to take back their proposed amendments in the bills "in light of the regional situation." "This will create unity in the House as well as make the situation better," he said.

Naveed Qamar of Pakistan Peoples Party (PPP) took back his party's amendments in the bills. He said, "keeping in mind the situation in the country and the new situation in the region and after consulting with the rest of the opposition ... in order to send a unified message, we have decided not to press for these amendments."

According to sources, the PPP had proposed the duration of the extension of chiefs' tenures should be for three years only; the Prime Minister should explain its reasons; and to eliminate the clause in the bills about not to challenge the extension in any court on any ground whatsoever.

They said that in one of their proposed amendments, the opposition parties had sought "a role for the Parliamentary Committee on National Security" for the reappointment of the services chiefs and chairman.

The amendment required the Prime Minister to appear before the Parliamentary Committee on National Security to record reasons for giving an extension to or for reappointment of the services chiefs and chairman Joint Chiefs of Staff Committee. The sources said that according to the bills, the extension may be given two times when a chief retires at the age of 58 years as maximum age mentioned in the bills is 64 years.

Army Chief Gen Qamar Javed Bajwa, was to retire on November 29 last year at the end of his three-year original term but Prime Minister Imran Khan gave the 59-year-old Army chief another extension of same length through a notification on August 19.

The Pakistan Muslim League-Nawaz (PML-N) and Pakistan Peoples Party (PPP) supported the bills. However, Muttahida Majlis-e-Amal Pakistan (members of JUI-F and JI) and MNAs Mohsin Dawar and Ali Wazir from Tribal Areas opposed the bills and stages walkout in protest from the House. Mohsin Dawar and Ali Wazir also tore the copies of bills when they were staging walkout from the House.

According to the sources, when these members reached the lobby of the House after a walkout, some members of PML-N and PPP who were already sitting there welcomed them. The members of PML-N and PPP said that they do not want to become part of this legislation.

Maulana Abdul Akbar Chitrali of JI while talking to Business Recorder said, "We do not want to become part of this legislation. We are also against the clause of the bill in which it is mentioned that extension is not challengeable in any court." He said that it is against the basic right of a citizen. He said, "We wanted to discuss and present our viewpoints on the bills but we were not allowed."

Ali Wazir said that Pakistan Tehreek-e-Insaf (PTI) government was in a hurry to get the bills approved from the Parliament while the apex court has given six months for this legislation. He said, "We are against the extension of any chief from day one. We should have thoroughly discussed these bills before approval." He said that both PPP and PML-N would have to face the consequences and impacts of their actions in near future.

In a tweet, MNA Mohsin Dawar from North Waziristan said prior to walking out of the National Assembly, they had voted against the Pakistan Army (Amendment) Bill 2020.

"This Parliament acted like a rubber stamp. The Speaker didn't even allow the few dissenting voices to make their case. This is one of the darkest days in Pakistan's Parliamentary history. It will take a long time to recover from this," he said.

According to clause 8B of The Pakistan Army (Amendment) Bill, 2020, "The President on the advice of the Prime Minister, may reappoint the Chief of the Army Staff for additional tenure of three (03) years, or extend the tenure(s) of the Chief of the Army Staff up to three (03) years, on such terms and conditions, as may be determined by the President on the advice of the Prime Minister, in the national security interest or exigencies, from time to time.

"(2) The appointment, reappointment or extension of the Chief of the Army Staff or the exercise of discretion by the appointing authority in this regard, shall not be called into question before any Court on any ground whatsoever."

According to clause 8C of the Bill, "The retirement age and service limits prescribed for a General, under the Rules and Regulations made under this Act, shall not be applicable to the Chief of the Army Staff, during his tenure of appointment, reappointment, or extension, subject to a maximum age of sixty-four (64) years. Through such tenure, the Chief of the Army Staff shall continue to serve as a General in the Pakistan Army."

According to clause 8F of the Bill, "In case a general of the Pakistan Army is appointed as the Chairman Joint Chief of Staff Committee, the retirement age and service limits, prescribed under the Rules and Regulations made under this Act, shall not be applicable to the said General during his tenure of appointment, reappointment or extension, subject to a maximum age of sixty-four (64) years. Through such tenure, the Chairman Joint of Staff Committee appointed under this Act, shall continue to serve as a General in the Pakistan Army."

Similarly legislations were also made for extension of services and limits of age for Chief of Air Staff and Chief of the Naval Staff and in case of their appointment as Chairman Joint Chief of Staff Committee.

Agencies add: Two smaller parties and some members of parliament from troubled northwestern districts along Afghan border opposed it. "This parliament's majority is fake, this prime minister is fake," said Asad Mahmood, parliamentary leader of the Jamiat Ulema-e-Islam (F), which says it unfairly lost seats in the northwest to Khan's party.

"We will not support any such amendment in the law by a fake parliament." The bill now goes to the senate, where it is expected to pass before being signed into law by the president. Bajwa was appointed to lead the military in 2016, taking over from the popular General Raheel Sharif. There have been nine army chiefs since Pakistan's independence in 1947 following partition with India.

Copyright Business Recorder, 2020

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