Last month, Chief Justice of Pakistan (CJP) Asif Saeed Khosa had suspended the federal government’s notification of Gen Bajwa’s extension and issued notices to the army chief, defence ministry and the federal government. The Supreme Court said the AG could not refer to any provision in any legal instrument regarding extension in service of the army chief upon completion of his first term for his re-appointment. It is important to note that Extension of the tenure of COAS is sole prerogative of the Government (PM) and President of Pakistan is bound to act on the advice of the PM.
How can Judiciary impinge on the powers of the Executive? Courts are setting the trend of interfering in the matters of executive. Through judicial activism an attempt is being made to create division between Army and the Govt as well as within senior leadership of Pak Army, at a time when the country is facing complex and challenging security environment. Extension is not the first of its kind. Previous COAS have also been taking extension. Especially the extension of General Kayani has been made under similar circumstances by a democratic Government.
The case was challenged in IHC which was turned down. Certain SC decisions in the past have created serious problems for Pakistan e.g. Decision on Reko Diq by CJ Iftikhar Ch. resulted in six $billion fine on the state. Why the Ex CJ not be held responsible for the cost of his decision?
ANZA KANWAL,
Rawalpindi.