Mohammad Jamil
ON Wednesday, the federal cabinet unanimously
approved amendments to the Army Act with re
gard to the clauses related to army chief’s tenure and extension. The meeting was presided over by Prime Minister Imran Khan. Defence Minister Pervez Khattak said that the cabinet approved amendments in Section 172 of the Army Act; and the amendment bill also includes a suggestion to extend the tenure of all the three Services Chiefs. PML-N leader Rana Sanaullah said the party would support Army Act amendment bill unconditionally, which is expected to be tabled by the government on Friday. PPP is likely to follow suit. They seem to have realized that objective conditions in the region and the part played by COAS Qamar Javed Bajwa in improving relations with UAE and Saudi Arabia, and of course success of Raddul Fasad, and believe that complacency is not an option.
The bill empowers the Prime Minister to extend the tenure of all Services Chiefs. The legislation will also ensure that the extension in tenure of a Chief of the Army Staff will not be challenged in any court of law. “The entire party stands behind the decision to support the Army Act amendment,” he said, negating reports there was a difference in opinion on supporting the bill. The nation has given tremendous sacrifices during the war on terror; and it was because of determination of military that terrorism has declined. The number of fatalities — which includes civilians, security and government personnel, and militants — was 30pc less than in 2018, when 739 lives were lost in approximately 400 attacks. The extent of improvement is even more starkly illustrated when compared with terrorism-related fatalities in 2013 that, as per the CRSS, numbered over 4,600.
Suicide attacks had shown a precipitous decline, plunging from 26 in 2018 to nine last year — with 295 and 56 deaths, respectively. In the year 2019, of the 141 militants arrested last year, the highest number was from the TTP (32) followed by the Lashkar-i-Jhangvi (11). The years 2012 and 2013 were turbulent for border regions of FATA as well as for Balochistan. Violence had increased in Karachi. In 2014, Military Operation Zarb-e-Azb was launched to eliminate militancy especially from North Waziristan Agency and also the country as a whole. The operation was progressing at its pace when the Army Public School (APS) incident took place where large number of students were martyred by militants. In the immediate aftermath of this horrendous tragedy, claimed by TTP, ‘National Action Plan (NAP)’ was unanimously approved by the Government after calling an All Parties Conference, as all parties had suffered from the spectre of terrorism.
The abating terrorism incidents notwithstanding, Pakistan is still susceptible to security challenges due to its geo-political status. Some of the external security threats to which Pakistan has been exposed include, Afghan War (1980s); Al-Qaeda, issues of Talibanization & Durand Line; War on Terror & Afghan security situation; Kashmir dispute and Line of Control escalations; sectarianism due to proxy war between Iran and Saudi Arabia. Pakistan has won the war on terrorism due to state’s response to terrorism which included Karachi Operation (December 2013 onward), Operation Zarb-e-Azb (June 2014 onward), Intelligence Based & Combing Operations (June 2014 onward) and ongoing Operation Radd-ul-Fasaad (Feb 2017 onward). Nevertheless, Pakistan still has to eliminate a few sleeper cells of banned organizations to completely eliminate the menace of extremism that took root during Soviet Jihad Era (1980s), which was countered by state response.
Apart from tabling the bill in the assembly, the government submitted a review petition against the top court’s verdict giving only 6 months’ extension to COAS General Bajwa and asked that it be set aside. “The review petition was filed in the Supreme Court because our legal team thoroughly, comprehensively, and closely reviewed all aspects of the decision and concluded that there are several legal gaps in the verdict,” Firdous Ashiq Awan said while talking to the media. She, however, said that the option of legislation through Parliament will remain intact even after filing of the review petition, adding that Law Minister Farogh Naseem will brief the media in detail about this. Jointly moved on behalf of the defence ministry, Prime Minister Imran Khan, President Dr. Arif Alvi and General Bajwa, the review petition was filed soon after Law Minister Farogh Naseem paid a visit to Attorney General Office.
The detailed verdict, penned by Justice Mansoor Ali Shah noted that the three-member bench comprising himself, Chief Justice Asif Saeed Khan Khosa and Justice Mazhar Alam Khan Miankhel, had examined the various laws cited by the government in granting the extensions including Article 243 of the Constitution, the Pakistan Army Act, 1952 and the Pakistan Army Act Rules, 1954. Summarizing its finds, “the court found that the Pakistan Army Act, 1952 falls deficient of the structural requirements for raising and maintaining an Army under clause (3) of Article 243 of the Constitution.” It said it does not provide the “essential elements” needed to grant “the terms of service of the Commissioned Officers including tenure and extension of a General.” Similarly, it said, “no tenure or age of retirement for the rank of General is provided under the law,” adding that past practice is no substitute for law.
—The writer is a senior journalist based in Lahore.
