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Govt to file review petition in army chief extension case today: Farogh Naseem

Law minister Farogh Naseem said that the government will file a review petition in the army chief extension case today.

The minister confirmed the development in a conversation with Geo News, saying that the decision regarding the review petition was taken earlier.

Naseem stated that the government has prepared the draft of the petition and will soon file it in the Supreme Court. The minister said that the apex court in its decision ignored several constitutional aspects.

The SC had issued its detailed verdict on the extension of the chief of the army staff on December 16.

On November 28, the top court, in its short order, had allowed the federal government to grant a six-month extension to Chief of Army Staff (COAS) General Qamar Javed Bajwa.

In the detailed verdict penned by Justice Mansoor Ali Shah, the court stated that SC bench "explored the scope of Article 243 of the Constitution, reviewed the Pakistan Army Act, 1952, the Pakistan Army Act Rules, 1954".

The court "found that the Pakistan Army Act, 1952 fell deficient of the structural requirements for raising and maintaining an Army under clause (3) of Article 243 of the Constitution".

The verdict noted that "no tenure or age of retirement for the rank of General is provided under the law. As per the institutional practice a General retires on completion of a tenure of three years. Although an institutional practice cannot be a valid substitute of the law."

"There is no provision in the law for extending service of a General for another tenure; nor is there any consistent and continuous institutional practice of granting such extension," Justice Shah wrote, adding that the summaries for the reappointment, extension and fresh appointment of General Bajwa were "meaningless" in absence of the relevant law.

The verdict further stated that in the light of the attorney general's assurances as well as the importance of the responsibilities of the COAS, it is appropriate that the incumbent COAS may continue for a period of six months.

However, the court has warned that in the absence of legislation on the matter within six months, the institutional practice of retirement of a General on completion of the tenure of three years "shall stand enforced". 



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