Prime Minister Imran Khan had summoned an emergency cabinet meeting hours after the Supreme Court suspended the notification granting General Bajwa an extension as army chief.
The cabinet's approval was sought for giving an extension to army chief General Bajwa after the Supreme Court had earlier suspended a notification over the same matter.
An amendment in the Defence Act was approved by the cabinet. Sources claimed that the new summary was sent to President Alvi for approval.
Sources further said that the word 'extension' was added in the Defence Act.
Chief Justice Khosa rejected the application today (Tuesday) and took up a petition challenging the notification issued by the prime minister in public interest under Article 184 (3) of the Constitution, turning the petition into a suo motu notice.
“The prime minister does not have the power to extend the tenure of the army chief,” the chief justice had remarked.
To this, the attorney general had told the court, “Army chief's tenure was extended after the president's approval.”
“If the president approved the summary on August 19, then why did the prime minister gave the approval for the summary again on August 21,” Justice Khosa had questioned.
“The prime minister signed the summary after the approval from the cabinet,” the attorney general had responded.
“Did the president give approval again after the approval from the prime minister and cabinet?” the chief justice had asked.
“The initial approval is supposed to be given by the president,” he had further said, adding that "the approval given by the president before the cabinet might not be according to the law."
We can take the approval from the president again, the attorney general suggested.
“Only 11 members of the cabinet gave approval of the summary for the extension of army chief’s tenure. We cannot say the majority gave the approval,” the chief remarked.
“In a democracy, the decisions are made through the opinion of the majority. Those members who did not give an answer, we should wait for their answer. These members did not say ‘no’ either. Did the government assume that the answer of those who did not give an answer translates into ‘yes’?” the chief justice asked.
“The prime minister was told he did not have the power. Then it was found out that both the prime minister and the president did not have the power and the final decision rests with the cabinet and on August 21, the matter was sent to the cabinet,” said Justice Khosa.
Federal Law Minister Farogh Naseem has resigned from his position, Railways Minister Sheikh Rasheed confirmed in a news conference on Tuesday.
He said Prime Minister Imran Khan has accepted Naseem's resignation which was tendered during a meeting of the federal cabinet today.
According to Rasheed, Naseem has resigned because he will represent the government in a case regarding Army Chief Gen Qamar Javed Bajwa's tenure extension in the Supreme Court tomorrow. He will be accompanied at the court by the attorney general of Pakistan.
In another major development, it was announced that the government today amended the Army Regulations (Rules) to include a provision for an "extension in tenure" of the army chief.
Addressing the press conference, Federal Education Minister Shafqat Mehmood said the Supreme Court had today observed that the Army Regulations did not have a provision for an "extension".
He announced that in order to "assist the court and clear matters", the cabinet today amended Rule 255 of the Army Regulations (Rules). Besides "suspension of retirement" and "limitation of retirement", Rule 255 will now also contain "extension in tenure" of the army chief, he said.
According to the minister, the amendment is in line with the prime minister's intention to grant an extension to Gen Bajwa.
The cabinet gave its consent to alter the summary for the army chief's reappointment in light of the amendment in the Army Regulations. The old summary will be withdrawn and a new summary will be sent to the prime minister, Mehmood said.
'Voluntary resignation'
Special Assistant to the Prime Minister on Accountability Shahzad Akbar said Naseem has "voluntarily" resigned from his office because he could not represent the government in the case being a federal minister. He will now join the attorney general to clarify the government stance on the issue of Gen Bajwa's tenure extension.
Once the assistance is completed, Naseem can return to the cabinet subject to the prime minister's approval, Akbar said.
Naseem belongs to the Muttahida Qaumi Movement (MQM), a coalition partner of the ruling PTI.
The announcements come hours after Chief Justice of Pakistan Asif Saeed Khosa suspended the government's notification of the army chief's tenure extension until the top court's hearing tomorrow.
The chief justice observed that "the summary and approval of army chief's extension is not correct."
The court issued notices to the defence ministry, federal government and Gen Bajwa, who is due to retire on November 29 (Friday).
On August 19, Prime Minister Imran had approved an extension in the tenure of Gen Bajwa for another three years.
'Extraordinary circumstances'
Mehmood said Article 243 of the Constitution gives the prime minister the authority to advise the president regarding appointments of services chiefs, including the army chief.
The same procedure was followed for Gen Bajwa's appointment after extending his tenure, he said.
According to the minister, it also the premier's prerogative to decide whether the prevailing conditions merit giving an extension to the army chief.
He said the decision for Gen Bajwa's extension was taken in view of "extraordinary circumstances" in the region, and cited India's move to attack Balakot by crossing the Line of Control earlier this year in this regard. In addition, he said, there is increased firing at the LoC, India has imposed an indefinite curfew in occupied Kashmir, there is fear of a "false-flag operation" being staged by India and India has threatened to block Pakistan's water.
Besides the regional situation, the prime minister's decision was influenced by the need to maintain continuity in the army command and Gen Bajwa's services to the nation.
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