“The exercise done by National Assembly and Senate to get through amendment bills for extension/ re-employment of Chiefs of three forces will prove again in futility. The purpose of extension to Gen. Bajwa will again become a joke.”
Supreme Court Senior Advocate Hashmat Habib, President Tehreek-Tahaffuz-e- Adlia in continuation of previous statements said the legal status of these amendments is being discussed in the senior circles of the lawyers and majority of them think that it will not serve the purpose of Supreme Court’s concession given to Gen. Bajwa to continue for 6 months.
He said these amendments are against Constitution and Esta Code in addition to it the senior law experts also expressed that amendments are not fit for any use. Former Justice Shaiq Usmani of Sindh High Court in media talk disclosed that Chief of Pakistan Army is not a cadre post it is a Constitutional position which cannot be done without amendment in Article 243 of the Constitution. It can be done by insertion/ adding of one word ‘tenure’ in the said Article which can be read as ‘and shall also determine their salaries, allowances and tenure.’
According to Hashmat Habib former Chief Justice Asif Saeed Khosa rightly pointed out that degrees of Govt. legal team be checked. Hashmat Habib informed even an Assistant Draftsman of Law Ministry should have resolved this issue but what is thinking behind such repeated blunders that in spite of complete surrender of all major political parties this task is not completed yet.
The condition of “such amendment cannot be challenged in court” is also against the several judgments of Supreme Court as judicial review by Superior Courts is available even where jurisdiction under Article 199 is ousted. Hashmat Habib added that Gen. Bajwa should decide his fate to avoid further jokes because of ignorance of law and constitution.