By Nasir Mahood
“Prime Minister Imran Khan is not competent to grant extension to general Bajwa because state is governed by constitution and laws.” Hashmat Habib president Tehreek e Tahafuzz e Adlia commenting on the extension order issued with signature of Imran Khan said. He said that President is supreme commander of the armed forces and competent authority. However, he is bound to act on advice of cabinet/ prime minister.
The senior lawyer said the organization of armed forces is important which should be maintained in dignified way without causing any ill feeling to other seniors’ lot who should not be deprived of their chance to head the organization. He said under the army act and rules there is no provision to extend the tenure of COAS and such extension is also violative of Supreme Court dictum.
He referred the Article 243: Command of Armed Forces.
[(1) The Federal Government shall have control and command of the Armed Forces.
(2) Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President.
(3) The President shall subject to law, have power—
(a) To raise and maintain the Military, Naval and Air Forces of Pakistan; and the Reserves of such Forces; and
(b) To grant Commissions in such Forces.
(4) The President shall, on advice of the Prime Minister, appoint—
(a) The Chairman, Joint Chiefs of Staff Committee;
(b) The Chief of the Army Staff;
(c) The Chief of the Naval Staff; and
(d) The Chief of the Air Staff, and shall also determine their salaries and allowances.]
Hashmat Habib further stated that even in Establishment including Judiciary neither extension can be given nor re-appointment of retired officers is allowed.
He said the services of General Bajwa can be availed either by appointing him as ambassador or he can be elected as parliamentarian on expiry of two years after retirement otherwise Imran Khan will be subject to law of نیچر۔