Army Act amendments bill likely to be tabled today

Photo: File

The Pakistan Tehreek-e-Insaf (PTI) led government is expected to table the Pakistan Army (Amendment) Act in the parliament today after winning the backing of the opposition parties for the legislation.  

While the Pakistan Muslim League-Nawaz (PML-N) has decided to 'unconditionally support' the Army Act amendment, the Pakistan Peoples Party (PPP) said that 'democratic legislative process' must be followed. 

The amendment seeks to make future extensions of army chiefs airtight as the bill states categorically that it "shall not be called into question before any court on any ground whatsoever".

Also read: Army Act amendment: PML-N lends unconditional support, PPP urges parties to follow democratic process

What amendments are being made to the Army Act?

According to a copy of the bill available with Geo News, an extension in the tenure of an army chief will not be challenge-able in any court of law in the future if the bill is approved by both the houses of the parliament. 

Under the clause 8B of the bill, the president, on the advice of the prime minister, may “reappoint the Chief of the Army Staff for additional tenure of three (03) years, on such terms and conditions, as may be determined by the President on the advice of the Prime Minister, in the national security interest or exigencies, from time to time”.

“Notwithstanding anything contained in this Act or any other law, or any order or judgement of any Court, the appointment, reappointment or extension of the Chief of the Army Staff, or the exercise of discretion by the appointing authority in this regard, shall not be called into question before any court on any ground whatsoever,' the bill states.

Also read: COAS service extension: Army Act amendment bill to make future extensions airtight

Cabinet approves amendments to Army Act

The federal cabinet, in an emergency meeting on Wednesday, had accorded its approval to amendments in the Army Act under which the prime minister will be empowered to extend the tenure of all services chiefs, including the army, air force and naval heads. 

Earlier, on Wednesday, President Dr Arif Alvi had convened a session of the Parliament's upper and lower houses on a 24-hour notice. The move was unexpected as the upper house of the legislature had not met for 124 days apart from a requisitioned session.

Also read: ECP issues list of lawmakers failing to disclose asset details

SC directs govt to legislate on COAS tenure

Back in November, the apex court had asked the government to legislate on an extension in the COAS's services within six months, allowing General Bajwa to stay in office until then, after briefly suspending the notification of the extension in his tenure.

Prior to that, PM Imran in August had approved the extension in the COAS's services through an executive order. However, former chief justice Asif Saeed Khosa had in late November taken up a petition 'in public interest', challenging the extension in service of the COAS.

Also read: Govt files review petition in army chief extension case

A three member bench of the top court had heard the case.

Last month, after the top court issued the detailed verdict in the COAS case, the government had filed a review petition in the SC, pleading the court to form a larger bench to hear the case, and requesting it to keep the proceedings in-camera.