The Supreme Court of Pakistan on Friday approved the review petition, filed against the apex court verdict in the army chief extension case, for hearing next week. The sources privy to the development told Business Recorder that the government's petition filed against the apex court verdict for making legislation in relation to the Army Act has been approved for hearing.
On the orders of Chief Justice of Pakistan Gulzar Ahmed, they added, government's review petition has been allotted a serial number, which is likely to be taken up next week.
A month after the apex court verdict on the extension of Chief of Army Staff (COAS) Gen Qamar Javed Bajwa, the federal government through Attorney General for Pakistan Anwar Mansoor Khan filed a review petition.
It has raised 26 questions of law against the judgement while pleading for preservation of two leading institutions - the military and the parliament - for a 'healthy democracy'.
In its verdict, the top court made it clear that, in case, the federal government remains unable to regulate the tenure and terms of service of a general and as a consequence of the army chief through an appropriate legislation by the parliament within a period of six months, "the tenure of the constitutional post of COAS could not be left totally unregulated and to continue forever" as "this would be inconceivable and amount to a constitutional absurdity."
The top court also held: "In case of such failure of the federal government, the institutional practice of retirement of a general on completion of the tenure of three years "shall stand enforced" to regulate the tenure of Gen Bajwa and consequentially his tenure as COAS, from the date of his promotion to the rank of general and appointment as the army chief i.e. November 29, 2016." In that case, "the President shall, on advice of the Prime Minister, appoint a serving general officer as the new COAS," said the verdict.
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