Islamabad: Pakistan’s Supreme Court on Wednesday adjourned the hearing of the case pertaining to the extension in service of army chief Qamar Javed Bajwa.
A three-member bench of the apex court headed by Chief Justice Asif Saeed Khan Khosa, comprising Justice Mazhar Alam and Justice Syed Mansoor Ali Shah heard the case.
As the hearing resumed, CJP Khosa remarked that media had misunderstood yesterday’s proceedings and clarified that the court had not taken suo motu notice. “We are continuing your petition,” the top judge told the petitioner who was in court.
Former law minister Farogh Naseem, who stepped down from his post, represented General Bajwa in the court, while Attorney General Anwar Mansoor Khan presented arguments on behalf of the government.
AG Anwar Mansoor took to the rostrum and said: “I referred to army rules yesterday. The court wrote ‘law’ in its order,” the AG said, to which the chief justice said: “The court had given its order after looking at your documents.”
Referring to the point questioned by the court yesterday that only 11 members of the cabinet had earlier approved the extension, Justice Shah observed: “Answers were not submitted in the time fixed for cabinet members.” “But now the government has gone ahead with the matter. The court had made the judgement in the light of your documents,” the CJP said. “According to Rule 19, silence can mean an agreement,” the AG said.
The AG said that he had told the court that response from several ministers regarding a notification for giving an extension to the army chief was pending as the ministers were given time. The CJP inquired from the AG if no response from the ministers was considered “yes”. To this, the AG said that it was true in accordance with the rules.
CJP Khosa said: “This is considered only if the response is sought within a specified time.” The attorney general argued: “Nowhere the government has stated that it had committed a mistake, at first, the court should hear me (to know) the details. I will answer to the court’s queries after completion of my arguments.” “The appointment’s tenure is written in the notification that is the prerogative (of the prime minister),” he added. The hearing on case was adjourned....