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Tag: Supreme Court

  • ‘CJP Khosa’s statements about Musharraf’s case are fake,’ clarifies SC

    ‘CJP Khosa’s statements about Musharraf’s case are fake,’ clarifies SC

    The Supreme Court (SC) of Pakistan has said that the statements of Chief Justice of Pakistan (CJP) Asif Saeed Khosa being aired and published by differnent news channels regarding former army cheif Gen (r) Pervez Musharraf’s high treason case are baseless and concocted.

    In a press release, the top court clarified that the fake news items have created an impression that CJP Khosa was personally involved in the progress of the case and he was giving directions to other judges.

    “Different benches of the supreme court of Pakistan had been hearing different aspects of the case of Gen (r) Pervez Musharraf and had passed various orders for the early disposition of the said case”

    “The Hon’ble Chief Justice had not issued any direction of any sort to the Special Court other than the judicial directions issued by the relevant benches of the Supreme Court in the above mentioned case,” the statement said.

    A few news channels and newspaper had earlier published statements of CJP Khosa saying that the treason case was clear and that Mushrraf was given many chances to present his views.

    On Tuesday, a special court awarded death sentence to former military dictator Musharraf in absentia for suspending the constitution on November 3, 2007.

  • SC issues detailed judgement in Gen Bajwa’s case, points out flaws

    SC issues detailed judgement in Gen Bajwa’s case, points out flaws

    The Supreme Court (SC) on Monday issued its detailed judgment on Chief of Army Staff (COAS) General Qamar Javed Bajwa’s extension, pointing out the flaws in the process undertaken by the Pakistan Tehreek-e-Insaf (PTI) government.

    Citing procedural loopholes, the top court had last month suspended a notification issued by the Prime Minister’s Office (PMO) in August for the army chief’s reappointment till 2022.

    It had directed the federal government to legislate and remove lacunae in the reappointment/extension of tenure of the COAS within six months.

    The detailed written judgement released Monday in connection with the previous short, the SC said it had “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”.

    EXPLAINED:

    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.

  • Gen Bajwa’s extension: ‘Supreme Court can’t tell us what to do,’ says Fawad

    Federal Minister for Science and Technology Fawad Chaudhry has said that the Supreme Court (SC) “does not have the authority to dictate the parliament on what matters to legislate on and how”.

    The apex court, in its November 28 verdict, had allowed the federal government to grant a six-month extension to Chief of Army Staff (COAS) General Qamar Javed Bajwa, directing the government to legislate on the army chief’s tenure and extension during the said time.

    Speaking to Voice of America (VOA), Fawad questioned the judiciary’s “authority to direct the parliament on legislative matters”. “The SC’s orders have a lot of legal defects and shortcomings. It almost eliminates Article 243.”

    Article 243 of the constitution pertains to the command of armed forces — that the federal government should have their control.

    “The SC cannot tell the parliament that ‘you can legislate on this but cannot legislate on that’ or ‘you can or cannot extend the duration’,” Fawad said, adding that in the constitutions of 1956 and 1962, the duration of the army chief’s tenure was ascertained.

    “But after many debates and arguments, it was taken out of the constitution of 1973, and there was a reason for that because the parliament wanted the prime minister (PM) to be empowered.”

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    “If you assign a specific amount of term to the army chief then how would you remove him before the expiration of his term, if need be. Therefore, the SC’s verdict has a lot of flaws and it needs to be corrected.”

    The minister maintained that the federal cabinet was awaiting the release of the detailed verdict of the apex court, after which the government would decide how to proceed forward. “The decision to file a review petition still has to be finalised,” he clarified.

    When asked about the differences between the government and the opposition, and how they could hinder efforts aimed at the smooth passage of any legislation in the parliament, the Fawad said “all political players in the country were on the same page on the matter since the army chief was apolitical”.

  • ‘We’ve been told that generals never retire,’ says CJP Khosa

    ‘We’ve been told that generals never retire,’ says CJP Khosa

    Chief Justice of Pakistan (CJP) Asif Saeed Khan Khan Khosa, hearing the petition challenging Chief of Army Staff (COAS) General Qamar Javed Bajwa’s extension, has said the court was told that “generals never retire”.

    A three member bench of the Supreme Court (SC), headed by CJP Khosa and comprising Justice Mazhar Alam Khan Miankhel and Justice Mansoor Ali Shah, on Thursday allowed the federal government to grant a six-month extension to Army chief Gen Bajwa.

    In its short order the apex court directed the government to bring necessary legislation within six months’ time. The order, read out by the CJP, ordered the parliament to introduce legislation for appointment of the army chief under Article 243 of the constitution.

    He remarked that the court was observing judicial restraint and leaving the matter to the parliament. “We have reviewed several laws including Army Act 1952 and Rule 1954.”

    The court had earlier reserved its verdict in this high-profile case and directed the federal government to furnish a fresh summary of the army chief’s extension of services.

    “We were told yesterday [Wednesday] that generals never retire,” the top judge remarked as hearing resumed on Thursday.

    The attorney general (AG) informed the court that Gen Bajwa has been reappointed under Article 243, to which the CJP remarked that the government had to convince the court that it was legal.

    After arguments made by the AG and Gen Bajwa’s counsel Farogh Naseem, the bench stated that a 10-member full court will announce the short order in the afternoon, whereas the detailed verdict would be issued in the evening.

    In the meantime, the court granted Gen Bajwa permission to continue working, conditionally. It further instructed the government to prepare a fresh notification, which did not list the tenure of the extension.

  • Gen Bajwa allowed to continue serving as army chief

    The Supreme Court (SC) on Thursday granted a six-month conditional extension to Chief of Army Staff (COAS) General Qamar Javed Bajwa as it directed the federal government to furnish a fresh summary of the army chief’s extension of services.

    According to details, announcing the verdict in the COAS’s extension case, which was reserved earlier in the day, a three-member bench of the apex court, headed by Chief Justice of Pakistan (CJP) Asif Saeed Khan Khosa, sought an undertaking from the government that it would legislate on the matter within six months.

    Meanwhile, Prime Minister (PM) Imran Khan also took to Twitter to comment on the development.

    For the third day, the bench heard the petition challenging the extension. When the hearing resumed, the CJP asked Attorney General (AG) Anwar Mansoor Khan to present the notifications of extension granted to former army chief General (r) Ashfaq Pervez Kayani, as well as the notification of the retirement of Gen (r) Raheel Sharif.

    The attorney general informed the court that General Qamar Bajwa has been reappointed under Article 243, to which the CJP remarked that the government had to convince them it was legal.

    After arguments made by the AG and Gen Bajwa’s counsel Farogh Naseem, the bench stated that a 10-member full court will announce the short order in the afternoon, whereas the detailed verdict would be issued in the evening.

    In the meantime, the court granted General Bajwa permission to continue working, conditionally. It further instructed the government to prepare a fresh notification, which does not list the tenure of the extension.

  • ‘You want a three-year extension for Gen Bajwa, will it be 20 years for a better general?’ CJP reportedly asks govt

    With hearing of the case pertaining to Chief of Army Staff (COAS) General Qamar Javed Bajwa’s extension resuming Thursday, the Supreme Court (SC) has once again put the government in a tight spot as it asked “if a better general would be given a 20-year extension”.

    “You’re seeking a three-year extension for now. If another general, who is exceptional, comes next, will you give him a 20-year extension?” journalist Omar Qureshi quoted the three-member bench of the apex court, headed by Chief Justice of Pakistan (CJP) Asif Saeed Khan Khosa, as asking the government representatives.

    Earlier, the bench resumed hearing the petition challenging the extension of COAS Gen Bajwa. As proceedings continued, the CJP asked Attorney General (AG) Anwar Mansoor Khan to present the notifications regarding the extension in the tenure of former army chief Gen (r) Ashfaq Pervez Kayani and retirement of Gen Raheel Sharif.

    “We were told yesterday that generals never retire,” remarked CJP Khosa.

    The AG informed the court that Gen Bajwa had been reappointed under Article 243, to which the CJP remarked that the government had to convince the court that it was legal.

    The SC then reserved the verdict that will be announced later in the day by a 10-member full court.

    On Wednesday night, the federal government, aided by the military’s counsel, drafted a new summary removing all legal lacunas pointed out by the apex court earlier in the day.

    The paperwork was completed with the assistance, for the first time, of the Judge Advocate General (JAG) Branch of the General Headquarters (GHQ), according to The News.

    Those privy to the developments told the publication that input from the JAG Branch was sought by the ministry concerned, which had till then failed to produce the required documents and after the SC highlighted serious errors in the drafts presented in court.

    The fresh summary was inked by midnight and has replaced the words “re-appointment” with “extension in service”. Once finalised, the summary was sent to the federal cabinet through a circulation process late on Wednesday night and then submitted to the president, who issued the requisite notification.

  • Extension or no extension? All you need to know about Gen Bajwa’s case hearing from Wednesday

    Extension or no extension? All you need to know about Gen Bajwa’s case hearing from Wednesday

    A three-member bench of the Supreme Court (SC), headed by Chief Justice of Pakistan (CJP) Asif Saeed Khan Khosa and comprising Justice Mazhar Alam and Justice Syed Mansoor Ali Shah, has adjourned the hearing of the case regarding the extension in service of Chief of Army Staff (COAS) General Qamar Javed Bajwa until Thursday morning.

    Here are key points of Wednesday’s hearing as the extension of Gen Bajwa, who is set to retire on November 29, hangs in balance:

    • Federal Law Minister Farogh Naseem, who resigned from office on Tuesday to to represent the army chief, submits his power of attorney to the court
    • CJP asks Attorney General (AG) Anwar Mansoor Khan if the government has accepted the points raised by the court on Tuesday. AG says they have not accepted the mistake.
    • “We will hear everyone as it is an important issue. Earlier, this question was never raised and now that it has been brought forward, all legal aspects will be reviewed. We are not in a hurry,” CJP Khosa remarks.
    • “In the past, five or six generals had their tenures extended by themselves and no one questioned them,” Khosa maintains.
    • Top judge comments on government’s reliance on Article 255 of Army Regulations, says the rule applies to officers and not the army chief.

    Following the SC’s suspension of notification of Gen Bajwa’s extension Tuesday, the federal cabinet had met in two sittings led by Prime Minister (PM) Imran Khan and decided to amend Section 255 of the Army Rules, which pertains to “suspension or limitation of retirement”.

    As per the amendment, it will now also contain “extension in tenure” of the army chief. According to Federal Minister Shafqat Mehmood, the amendment is in line with the premier’s intention to grant an extension to Gen Bajwa.

    • CJP rubbishes media reports claiming Gen Bajwa’s case is a suo motu case. Says court is hearing the petition filed by Advocate Riaz Hanif.
    • Justice Shah wonders how an army chief can be reappointed to the office “when he is no longer part of the staff”, to which, CJP once more inquires whether a retired officer can be reappointed.
    • Hearing gets adjourned twice before top court shifts focus to Army Act.
    • CJP emphasises that the court is looking at the rules regarding the tenure of the army chief, not a general; it must understand Army Act before AG’s arguments.
    • “This is a court of law; it is the law we are looking at, not personalities,” He remarks. “If something is wrong as per the law, we cannot say that it is correct. If [the decision] is not correct as per the law, we will give our verdict,” apex judge says.
    • CJP reiterates he is apolitical. “I will never involve myself in any political activities. This sentence is also part of the oath. It is a very good thing to stay away from political activities.”
    • Hearing has been adjourned until Thursday.

    The government on August 19 had reappointment Gen Bajwa, extending his tenure for three years, citing the “regional security environment”. However, on Tuesday, the SC suspended the notification and issued notices to the federal government, COAS through the Ministry of Defence and the Ministry of Law.

  • Army is embarrassed over Gen Bajwa’s extension controversy: Lt Gen (r) Amjad Shoaib

    Defence Analyst Lt Gen (retd) Amjad Shoaib has said that the controversy surrounding the extension of Chief of Army Staff (COAS) General Qamar Javed Bajwa is a matter of embarrassment for the army.

    While speaking on Geo News talk show, the analyst said that the army had no role in the process and the real work was supposed to be done by the bureaucracy.

    The analytst Amjab Shoaib said that usually the ministers do not know about such matters and get details from the bureaucrats, adding “that those involved in the process should be held accountable”.

    “I can tell you that General Bajwa was not interested in extension but the government convinced him after PM Imran Khan’s US visit”, the former military officer said.

    He also noted that the COAS has helped the government foreign policy and economic affairs and he also arranged loans from the Middle East to assuage the crippling economy.

    When asked about the response of the army chief in Supreme Court, he said Gen Bajwa, in his opinion, would tell the court that it is the prerogative of the government and that the civil bureaucracy must be aware of the procedure and the rules and regulations in this regard.

  • Win for parents as private schools restricted from increasing fees

    Win for parents as private schools restricted from increasing fees

    After months of struggle, parents have secured a win over private schools with their owners being barred from increasing fees by more than 5 per cent a year, a private media outlet reported.

    According to reports, the Supreme Court (SC) delivered the verdict on Wednesday while hearing a case filed by owners of private schools. They had sought legal approval to increase fees by 15 per cent to 20 per cent every year.

    Justice Ijazul Ahsan read out the reserved verdict.

    The top court upheld the verdict of the Sindh High Court (SHC) and overturned the Lahore High Court (LHC) decision in favour of the private schools.

    The schools have been ordered to return or adjust the extra amount they charged parents since the first ruling in the case.

  • ‘This isn’t LHC,’ Supreme Court warns lawyers against raising voice for ‘favourable verdicts’

    ‘This isn’t LHC,’ Supreme Court warns lawyers against raising voice for ‘favourable verdicts’

    A day after Pakistan Muslim League-Nawaz (PML-N) leader Hamza Shehbaz was granted pre-arrest bail by the Lahore High Court (LHC) amid much drama, the Supreme Court (SC) has taken an apparent jibe at its subordinate court.

    As per the details, a three-member bench of the top court was hearing a case regarding lease of government land to private petrol pumps when Justice Azmat Saeed warned lawyers against raising their voice in the courtroom.

    “This is not LHC where you can create ruckus to get the desired decision,” he remarked.

    Upon this, veteran lawyer Aitzaz Ahsan reminded the top court judge that he too was a part of the LHC once.

    “The existing court is not the one I left behind,” Justice Saeed said while reacting to Ahsan’s comment and cautioned him against the tone in which he was arguing before the bench.

    While Justice Saeed did not clarify his remarks about the LHC, Twitterati believe the observation points towards Hamza’s bail that came amid a standoff between police and party workers.

    As the PML-N leader’s counsel had sought an extension in his bail on Monday, dozens of party loyalists had gathered outside the court and left the premises only after the petition had been approved and National Accountancy Bureau (NAB) barred from arresting Hamza till April 17.

    NAB is after Hamza for the past six months for allegedly accumulating assets beyond known sources of income. The claim, however, has repeatedly been denied by the lawmaker himself.