Extension matters

In the short order issued in the dramatic case involving the extension in tenure granted to Chief of Army Staff Gen Qamar Javed Bajwa, a three-member bench of the Supreme Court headed by CJP Justice Asif Saeed Khosa has ruled that Gen Bajwa will remain COAS for another six months with immediate effect, “whereafter... new legislation shall determine his tenure and other terms and conditions of service.” The SC had taken up the case and noted multiple flaws in the government’s original notification through which the sitting army chief was granted a fresh term of three years. Chaos arose in both political and legal circles after it was brought to light that the notification had been originally signed by the prime minister and not the president – as per rules – and that the subsequent cabinet approval for the decision did not appear to be solid. Following this, a new emergency meeting of the cabinet was called on Tuesday by the prime minister. The sheer incompetence of the government and the mistakes it made, like racing through the original notification and appearing unclear about the provisions of the Army Act and Army Rules, did not help win it much credibility.

Now, though – having questioned the procedure for extension and the relevant laws used – the SC has passed an order in a matter whose importance cannot be underscored. The court has said that “while exercising judicial restraint”, it finds it appropriate to leave the matter to parliament and the federal government to “clearly specify the terms and conditions of service of the COAS through an act of parliament and to clarify the scope of Article 243 of the constitution in this regard”. For now, the government has assured the court that parliament will pass legislation regarding the army chief’s extension within six months. What had come under attention during this case was that, while the government had been pointing to Article 243(4)(b) of the constitution and Regulation 255 of the Army Regulations (Rules), 1998 the court found that the said legislation did not specify the army chief’s appointment, duration of service and extension. This despite the fact that such extensions have been granted, or gained, multiple times in the past. This is probably why, despite all the blundering by the current government and its obvious attempts to push things through without thought or consultation, this issue becomes about more than one instance. In an environment in which we as citizens have learned to accept without question all decisions, particularly when it comes to powerful institutions, this case acquires historic significance.

The ball now lies essentially in the government’s court. In a press conference on Thursday, government representatives gave their interpretation of the case, saying they would be happy to come up with a law regarding the tenure of the army chief and that – in their opinion – the army chief’s extension stands and is not just for six months, and that the government will be able to settle the duration of tenure issue easily. There has been debate on whether the SC order means an amendment is only needed in a specific law or whether a constitutional change may be required. Till now, the PTI government has shown little interest in parliament. This may have to change if it is to meet the court’s condition of drafting and passing a new law within the next six months. So far, there are no signs that the opposition will oppose the matter. However, the prime minister’s tweet on Thursday evening, attacking the opposition once again, is certainly not good politics at a time when their cooperation will be required.

During the hearings, the SC had also noted that it had been accused of being an enemy agent or part of the ‘Fifth Generation Warfare’. Such propaganda campaigns against such an important and serious institution should be strongly condemned by all. At the same time, we also note that if such a powerful office can be attacked this way, what chance do ordinary academics, activists, journalists and others have who are completely helpless when they are subjected to such attacks? For now, we wait as the government begins the task of drawing up its strategy.