A landmark case

The Pakistan Tehreek-i-Insaaf (PTI) government of Prime Minister (PM) Imran Khan has just passed through a nightmare few days. Regarding the extension in tenure by three years of the COAS General Qamar Javed Bajwa notified in August 2019 by Imran Khan, the government has had to face the kind of embarrassment before the Supreme Court (SC) that one would not wish on one's worst enemies. And yet this is only the latest self-inflicted wound by the incumbents. It is just as well that Law Minister Farrogh Nasim resigned, ostensibly to defend the (SC-suspended) extension to General Bajwa before the SC since it was on his watch that the debacle unfolded. The level of incompetence enfolded the legality of the original notification as well as at least three fresh but just as flawed summaries/notifications presented before the SC. A superfluous amendment in the Army Regulations (Rules) was critiqued by the SC on the grounds that the impugned Regulation 255 had nothing to do with the COAS's appointment or extension. At the same time, the legal wizards of the government were arguing before the SC that the extension/reappointment was under Article 243 of the Constitution, the legality of which was questioned by the SC. Had the SC chosen to, it could have created even more embarrassment for the government and the army. Leaning on the side of caution so as not to make matters worse and possibly create a constitutional/political crisis, the SC wisely chose a middle path that helped extricate the fumbling government from the self-created maze it seemed trapped in and avoided any vacuum of leadership in the army. In its short order, the SC allowed General Bajwa to continue in his position for six months in return for a commitment from the government that it would bring in legislation before that period expires to deal with the lacunae, gaps and anomalies in the reappointment and/or extension in tenure of the COAS.

Now the ball is in the government's court. How it proceeds from here on in this sensitive matter could either salvage something from the wreckage of its foolish and incompetent performance or reinforce the image of it being not quite up to the task of governance. One can understand (and there are statements on record by Imran Khan) the anxiety of the government in wanting General Bajwa to stay till near the end of its term. The PM and the COAS enjoy a rare mutual confidence of which we have been constantly reminded by the mantra of 'being on the same page'. It is therefore doubly baffling how the government made such a mess of an issue so close to its heart and in its own perception critical to its continuation in office. The handling of the issue has proved a perfectly avoidable embarrassment to the government, the army, and even the superior judiciary. The post-verdict situation does warrant introspection from the civilian-military leadership. As to the superior judiciary being dragged by Indian media and other inimical sources onto the terrain of 'fifth generation warfare', there is no escape from the duty enjoined by the law and constitution and the now seemingly critical need to pronounce on the matter of COASs' extension in tenure in the light of our history, laws and rules. Clarification of these matters is now an urgent and inescapable need. As to the government, while it reportedly seeks scapegoats to blame for its debacle, it should perhaps return to the drawing board and introspect on the glaring inadequacies and incompetency this entire episode has so startlingly thrown up.

The situation presents a sardonic comment on the way of governance in the country of 208 million people: how unfortunate it is that a government that has failed to honour its pledge of creating 10 million new jobs jeopardized the job of an army chief - perhaps the most secure government post. The upside of this episode, however, clearly indicates country's struggle towards attaining high levels of democracy.