Government seeks opposition support to legislate on army chief’s extension

ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) government on Thursday started contacting the opposition factions to build consensus on an amendment in the Army Act that would make it legally possible to extend General Qamar Javed Bajwa’s service tenure and plug any loopholes preventing the appointment/reappointment of services chiefs.
The federal cabinet on Wednesday approved amendment in the Army Act in a hurriedly convened meeting in an attempt to pave way for extending the army chief’s tenure for another three years.
A government delegation led by Defense Minister Pervez Khattak on Thursday called on the Pakistan Muslim League-Nawaz (PML-N) lawmakers, seeking their support for the legislation.
“We will also meet other opposition parties after the PML-N,” the defense minister told the media after meeting the PML-N legislators.
“The government will table the bill in parliament for vote after consulting all opposition parties,” he added. “Hopefully, we will be able to complete the consultation process by evening today.”
The cabinet has approved amendments in section 172 of the Army Act and Article 155 of the Services Rules. According to the proposed amendment, the maximum age limit for an army chief will be 64 years, which will be applicable in case of an extension in his term, but the regular age limit for an army chief will be 60 years.
Also, the government insists it will continue be the prime minister’s prerogative to grant extension to army chiefs in the future.
Prime Minister Imran Khan extended General Bajwa’s tenure through a notification in August 2019, but the Supreme Court suspended it on November 26, citing irregularities and loopholes in the relevant laws.
The court later announced that General Bajwa would remain the army chief for another six months during which parliament would legislate on the extension/reappointment of an army chief.
“The government has given an undertaking in the Supreme Court to legislate on the issue within six months, therefore it is bound to do it,” Barrister Omer Malik, told Arab News. “If the government fails to legislate, General Bajwa’s tenure will expire in May 2020 and the government will have to appoint a new army chief.”
Malik said the top court had noted in its verdict that no law currently existed to appoint/reappoint an army chief, adding that the gap needed to be filled through legislation. “Once parliament approves this legislation, the issue hopefully will be settled for good,” he added.
Besides moving on the legislation, the government has also filed a review petition in the Supreme Court against its verdict on the army chief’s tenure, seeking it to be set aside. The government said in its petition that the apex court could not interfere in the legislative domain or assume a parallel legislative function.
Keeping in mind the limited chances of the apex court’s verdict to be reversed in the review, the government has started building political consensus to legislate on the issue. “In a review petition the scope of getting a verdict reversed, or get a favorable judgment, is very limited,” Malik said. “There is only one instance so far in our judicial history [the houbara bustard hunting case] where the Supreme Court has reversed its verdict in a review petition.”
On the other hand, the opposition parties have also started consultations on the issue, trying to figure out if they should support or reject the government bill on extension in the army chief’s tenure.
“The Pakistan Peoples Party is waiting for the government to present the bill in parliament,” Sehar Kamran, senior PPP member, told Arab News. “We will decide in the interest of democracy, constitution and rule of law.”
However, she said the law should not be “person- or situation-specific,” adding that it should help improve the system. “It is an important issue. Its overall impact and implications are to be considered,” she said.
Muhammad Zubair, PML-N senior member and former governor Sindh, said his party would consult on the issue and then make a formal decision. “It is an important national issue, and we will decide what is better for the institution and the country,” he told Arab News.