THE government has, for the time being, adopted the path of
review over the issue of extension in service of the incumbent Chief of Army Staff (COAS) General Qamar Javed Bajwa as it challenged the verdict of the apex court on Thursday raising 26 questions of law for consideration by a larger bench. The Government has also sought in-camera proceedings of the case.
The issue of appointment and extension of service of the services chiefs was important and needs to be addressed in a comprehensive manner. The Government had the option to prepare legislation in consultation with the opposition parties and get it passed from Parliament but it went for the review, which is a legal and constitutional remedy available. As the apex court had given six months for sorting out legislative issues on the matter, the Government has sufficient time at its disposal to get things done before expiry of the deadline for the purpose. The review petition is understandable as there are serious questions and issues that need to be clarified and elaborated. Either the Supreme Court accept view point of the Government as contained in the petition or it would further explain the legal and constitutional points enabling the authorities concerned to frame a suitable law. Legal or constitutional gaps or faults as identified by the Government’s legal team would be scrutinized by the court and hopefully a clear picture would emerge. On the face of it, the apex court has neither challenged the authority of the Prime Minister/President to appoint services chiefs nor encroached upon the mandate of Parliament. In fact, reference of the matter to Parliament is recognition of the supremacy of Parliament. It is not just a question of extension of the service of the incumbent Army Chief as there is generally acceptability to grant extension to General Bajwa because of his meritorious services. But there is every reason to sort out ambiguities about appointment and extension of services chiefs to avoid any controversy in future.
