Army Act Amendment : New chapter included in the Army Act 1952

[ghazi52]

Govt approves amendments to Army Act in 'emergency' cabinet meeting

January 01, 2020

Prime Minister Imran Khan chairs meeting of the Federal Cabinet at PM Office Islamabad on November 12, 2019.
The PTI-led government, during an emergency meeting of the federal cabinet on Wednesday, made amendments to the Army Act, according to sources within the cabinet.

The amendments, passed unanimously, were made to the clauses related to the army chief's tenure and extension. The meeting was presided over by Prime Minister Imran Khan.

The government has yet to share details regarding the amendments. According to Samaa TV, Defence Minister Pervez Khattak said that the cabinet approved amendments in Section 172 of the Army Act. The amendment bill also includes a suggestion to extend the tenure of all the three services chief, Khattak was quoted as saying.

On November 28, the Supreme Court in a short order announced that Gen Qamar Javed Bajwa will remain the Chief of Army Staff (COAS) for another six months, during which the parliament would legislate on the extension/reappointment of an army chief.

The top court's ruling came in the nick of time as Gen Bajwa was set to retire at midnight. Prime Minister Imran Khan had extended Bajwa's tenure through a notification in August, but the top court suspended it on November 26 due to irregularities in the manner of extension.

On December 26, the government submitted a review petition against the top court's verdict and asked that it be set aside.

"The review petition was filed [in the Supreme Court] because our legal team thoroughly, comprehensively, and closely reviewed all aspects of the decision and concluded that there are several legal gaps in the verdict," prime minister's aide Firdous Ashiq Awan had said while talking to the media.

She, however, said that the option of legislation through the parliament will remain intact even after filing of the review petition, adding that Law Minister Farogh Naseem will brief the media in detail about this.

Jointly moved on behalf of the defence ministry, Prime Minister Imran Khan, President Dr Arif Alvi and Gen Bajwa, the review petition was filed soon after Law Minister Farogh Naseem paid a visit to the Attorney General Office.

The petition was filed under Article 188 of the Constitution dealing with the review jurisdiction under which earlier orders of the court can be altered only if some error is highlighted, as well as under Article 187 that empowers the top judiciary to issue directives to do complete justice.

Ball in parliament's court
The Supreme Court, in its detailed judgment, emphasised that it is now up to the parliament to carry out legislation that will provide "certainty and predictability" to the post of COAS for all times to come.

The court summarised its findings after exploring the scope of Article 243 of the Constitution — which governs the army chief's appointment, reviewing the Pakistan Army Act, 1952, reviewing the Pakistan Army Act, 1952, the Pakistan Army Act Rules, 1954, and the Army Regulations (Rules).

"We would like to emphasise that this crucial matter of the tenure of COAS and its extension, which has a somewhat chequered history, is before the Parliament, to fix for all times to come," wrote Justice Syed Mansoor Ali Shah, a member of the three-judge bench which heard the case, in the court's 43-page judgment.

"It is now for the people of Pakistan and their chosen representatives in the Parliament to come up with a law that will provide certainty and predictability to the post of COAS, remembering that in strengthening institutions, nations prosper," the court had noted.

https://www.dawn.com/news/1525654/g...army-act-in-emergency-cabinet-meeting-sources

 

[Pakistan Ka Beta]

Its only About CJCSC , 3 Services chiefs and requires simple majority . In Sha ALLAH it will be passed . Pakistani courts are a joke but dont worry military will strike back at appropriate time as Pakistani peoples are fed up of stupid justice system .

 

[Amavous]

ISLAMABAD (92 News) – The President of Pakistan will be able to extend the service tenure of Chief of Army Staff General Qamar Javed Bajwa on the recommendation of the Prime Minister, said the Army Act Amendment draft obtained by 92 News.

According to the draft, a new chapter has been included in the Army Act 1952 by amending the Article 243.

The extension will be for maximum three years. Moreover, the appointment, re-appointment and extension of the Army Chief will not be able to be challenged in court.

According to the draft, the stipulated age for the retirement of a general will not be applicable to the Army Chief.

The Army Chief will continue to hold his post despite attaining the retirement age. Moreover, the Chairman Joint Chiefs of Staff Committee can be appointed from chiefs of the Army, Navy and Air Force and his appointment will be for three years.

The President, according to the draft, will decide the terms and condition for the CJCSC on the recommendation of the prime minister. A senior general of the Army can also be appointed as Chairman Joint Chiefs of Staff Committee.

The CJCSC can be granted extension for three years on the recommendation of the prime minister. The CJCSC appointment, re-appointment and extension will not liable to be challenged in any court.

https://92newshd.tv/president-can-e...n-pm-recommendation-army-act-amendment-draft/

 

[Darth Vader]

Bad news for the Army & Chief.
Extension will be used as carrot in future now.
With all the controversy Chief Shouldnt accept this and let everyone know that army as whole follow the set goals not just one person

 

[Pakistan Ka Beta]

Bad news for the Army & Chief.
Extension will be used as carrot in future now.
With all the controversy Chief Shouldnt accept this and let everyone know that army as whole follow the set goals not just one person

Its same thing as was in past . It will now just be in written form . 2 important persons in attaining extension are 1 . COAS N 2 . PM . Both of them should agree on extention as was in the past . Its not only about Qamar Javeed Bajwa but also for future as well ( war or emergency situation ) n looks like for CJCSC as well .

 

[Darth Vader]

Its same thing as was in past . It will now just be in written form . 2 important persons in attaining extension are 1 . COAS N 2 . PM . Both of them should agree on extention as was in the past . Its not only about Qamar Javeed Bajwa but also for future as well ( war or emergency situation ) n looks like for CJCSC as well .

But problem is This will set a trend.
As Pakistan is not in emergency or war like situation.
And how many extension have you seen in Past beside Kiyani and even that was understandable.
But this is just a politicsl favour, even if chief has good intentions behind ,this is not justifiable.
Specially with 3 Year extension.
It will block the progression in higher brass in Army.

 

[Amavous]

https://twitter.com/x/status/1212709417873035264

مسلم لیگ نون نے آرمی ایکٹ ترمیمی بل کی
حمایت کا فیصلہ کرلیا​

اسلام آباد: (دنیا نیوز) مسلم لیگ نون نے آرمی ایکٹ ترمیمی بل کی حمایت کا فیصلہ کرلیا، فیصلہ نون لیگ پارلیمانی پارٹی اجلاس میں کیا گیا۔​

لندن میں موجود نون لیگ کی پارٹی قیادت نے پارٹی اراکین کو ہدایت کی ہے کہ آر می چیف کی مدت ملازمت میں توسیع کا بل اتفاق رائے سے منظور کیا جائے۔​

حکومتی وفد بھی اپوزیشن لیڈر کے چیمبر گیا اور آرمی چیف کی مدت ملازمت سے متعلق قانون سازی پر حمایت مانگی۔ اجلاس کے بعد نون لیگی رہنما مشاہد اللہ خان نے کہا کہ آرمی ایکٹ میں ترمیم کیلئے مشاورتی عمل جاری ہے، مسلم لیگ نون جلد فیصلہ کر لے گی۔​

دوسری جانب ذرائع کے مطابق حکومت نے آج شام تمام پارلیمانی جماعتوں کا اجلاس بلا لیا۔ حکومت نے فیصلہ کیا ہے کہ تمام پارلیمانی جماعتوں کو آرمی ایکٹ میں ترمیم پر بریفنگ دی جائے گی۔​

https://dunya.com.pk/index.php/dunya-headline/526006_1

 

[313ghazi]

Bad news for the Army & Chief.
Extension will be used as carrot in future now.
With all the controversy Chief Shouldnt accept this and let everyone know that army as whole follow the set goals not just one person

Initially I couldn't see the problem and I felt that the longer terms would allow for more continuity during uncertain times, but the more I think about it, the more I support your point of view.

1. Continuity should be ensured by the organisation of the top brass of the armed forces. They should have consensus on the way forward (in security matters) and not be reliant on just top figures.

2. If it benefits, then maybe the initial term should be longer rather than having extensions.

3. There should be no extensions unless we are at war.

 

[Pakistan Ka Beta]

But problem is This will set a trend.
As Pakistan is not in emergency or war like situation.
And how many extension have you seen in Past beside Kiyani and even that was understandable.
But this is just a politicsl favour, even if chief has good intentions behind ,this is not justifiable.
Specially with 3 Year extension.
It will block the progression in higher brass in Army.

Detail amendment says maximum 3 years extension while PM can give below 3 years as well ( 1,2 years e.t.c ) now look at India CDS or CDF they have made his retirement age 65 n i think he will promote from COAS , CAS , CNS directly unlike Pakistan so thats y 65 age n lastly situation is if not War like then also it is not stable esp 1. Kashmir ( LOC , India ) 2 . Afghan peace process at critical stage ( plus US election year ) 3 .FATF e.t.c issues as well .Also We dont know each n evey threat somethings are confidential .

 

[graphican]

Hope opposition is not given undue relaxation for their support of this bill.

 

[Mentee]

Did they also take the air and naval chief extension into consideration while drafting the chapter? Mean to say, will they also get to have extension in an emergency situation?

 

[Amavous]

Did they also take the air and naval chief extension into consideration while drafting the chapter? Mean to say, will they also get to have extension in an emergency situation?

Yes, the amendment is for all services chiefs. media is only focusing on COAS and CJCSE.

 

[AMRAAM]

Bad news for the Army & Chief.
Extension will be used as carrot in future now.
With all the controversy Chief Shouldnt accept this and let everyone know that army as whole follow the set goals not just one person

Valid point!

 

[Path-Finder]

As Pakistan is not in emergency or war like situation.

who said that Pakistan is not on an emergency like situation? The threats are all time high!! I guess the conflict on LOC hasn't reached you. The visit and continuous reassurances that tri service are at full preparation level is not enough to indicate that?

Secondly there was clearly something that made the case for the extension! So lets stop being negative unnecessarily.

 

[El Sidd]

who said that Pakistan is not on an emergency like situation? The threats are all time high!! I guess the conflict on LOC hasn't reached you. The visit and continuous reassurances that tri service are at full preparation level is not enough to indicate that?

Secondly there was clearly something that made the case for the extension! So lets stop being negative unnecessarily.

I am sorry but i have to weigh in on this.

You cannot prove your own words. The government has not taken any steps that may prove that these are special circumstance or the threat of war is real when the urgency is simply not their on part of the government.

As things stand the only interpretation from all of this remains political.