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Army chief’s extension case: Legal team briefs PM on SC proceedings

Army chief’s extension case: Legal team briefs PM on SC proceedings
November 28, 2019
ISLAMABAD (92 News) –  A legal team on Thursday briefed Prime Minister Imran Khan about the judicial proceedings in case related to the extension of the army chief's tenure. The legal team met with the prime minister and apprised him about the legal proceedings regarding to the army chief’s extension case in the Supreme Court. The draft notification was reviewed in light of the directives issued by the SC. PM Imran Khan and members of the legal team also held consultative over the new summary likely to be submitted in the top court. It is pertinent to mention here that the top court has reserved its verdict regarding the case which will be announced shortly. At the outset of the hearing, the CJP, while referring to the retirement of army generals, remarked: “If an army general never retires, then under what rule did Raheel Sharif retire? You said that generals never retire; if they don’t retire, then they wouldn’t be entitled to pension either,” he observed. The court sought details of former COAS General (retd) Raheel Sharif’s retirement and General (retd) Ashfaq Parvez Kayani’s extension from the attorney general in 15 minutes. AGP Khan said the army chief has been reappointed under Article 243. Justice Khosa asked how today’s appointment was different from the previous one. The AGP replied that today’s appointment was under Article 243 (4) B. You will have to satisfy us on how this appointment is valid, said Justice Khosa. Justice Shah noted that there is no mention of a tenure of three years in the law. He said the appointment must be according to the law. He also noted that extensions had been given before and no one took notice. “No one looked at what’s happening in the cantonments, he said. Now the court of law is looking into it,” he said. The summary mentions the judicial investigation into the matter, noted Justice Khosa. “Shoulder the burden yourselves. Why are you trying to use our shoulders,” he asked. He ordered the AGP to remove the court’s name from the summary. He told the AGP to specifically remove the part referencing the court’s advice from the summary. If the president wants our advice, that is a different matter, he said. “We will see whether the appointment is legal or not,” he added. The chief justice observed that the reappointment had been made from November 28 (today). But today General Bajwa is already the army chief, so how can a reappointment be made on a post that is not empty, he asked. The SC adjourned hearing the petition challenging a three-year extension in army chief’s tenure Thursday. The hearing will resume at 1pm.