CMYK
Friday, 27 December, 2019 I 29 Rabi-ul-Sani, 1441 I Rs 17.00 I Vol X No 177 I 16 Pages I Karachi Edition
Govt seeks review of Gen Bajwa extension case g
Petitioners calls uPon toP court to form larger BencH in ligHt of ‘glaring omissions and Patent mistakes’
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Plea says judiciary can’t direct Parliament to convert ‘convention into codified law’, as it can only interfere in legislative domain to avert illegalities
ISLAMABAD
t
staff report
he government on Thursday filed a review petition in the Supreme Court, asking the apex court to form a larger bench to reconsider its decision in the army chief extension as the ruling contained “legal and constitutional flaws”. This development comes a month after the SC granted the government six months to legislate on the matter if it wanted Gen Bajwa to continue as the chief of the army staff. The petitioners, including the army chief and the prime minister, reportedly requested the court for a larger bench and sought in-camera hearing of the case as well. Speaking to the media earlier in the day, Special Assistant to Prime Minister on Information and Broadcasting Dr Firdous Ashiq Awan said that the government’s legal team reviewed all aspects of the court’s decision thoroughly and concluded that there were several “legal gaps in the verdict”. “There are flaws in the verdict, and legal and constitutional faults surfaced in the decision. With due respect to the judiciary, the government wants rectification of the faults and has thus decided to file the review petition. The review petition is being filed ultimately in the higher public interest,” she added. The PM aide also said that despite the review petition, the option to legislate on the matter through the parliament would remain intact. She further said that the media would be briefed on the matter extensively by Law Minister Farogh Naseem. Meanwhile, Federal Minister for Railways Sheikh Rasheed said that all political parties were on the same page regarding the extension in the tenure of the army chief. Addressing the media in Karachi, he said, “The army chief’s issue is not problematic. everyone is unanimous on his extension. All parties are on board [with the federal government].” ‘LEGAL FLAWS’: The petition, “filed in the interest of public good”, questioned the legal aspects of the judgement. “The impugned judge-
ment is bad in law and facts. The same is completely without jurisdiction, void ab initio and of no legal effect,” it stated. “The order suffers from material irregularities which have converted the process from being one in aid of justice to a process of injustice,” it stated, adding that the court had “completely overlooked” the laws laid out in the constitution as well as “vital laws”. “It is respectfully pointed out that glaring omissions and patent mistakes have crept into the Impugned Judgment, violating the law and the Constitution,” it added. The petitioner “with the highest respect” insisted that the judgement by the top court is “patently erroneous” and that the errors are “floating on the face of the record”. “The enemies of Pakistan were extremely happy when they thought that General Bajwa’s extension or re-appointment had fallen into jeopardy,” the petition stated, adding, “Pakistan
is undergoing a 5th generation war.” “Very recently, the Pulwama incident bears testimony to the preparedness of our armed forces under the able captaincy of General Bajwa, who on his proactive initiative has also mustered healthy military international relations and support for Pakistan,” it said. “The war on terror is not over. The wounds from the APS incident are not forgotten,” the petition reflected, adding, “The preservation of two leading institutions of the state i.e. the Armed Forces and the Superior Judiciary are necessary concomitants to a healthy democracy, rule of law and safety and security against internal and external aggression.” “The enemies of the state, now for a number of years have ganged up to destabilise Pakistan,” it added. “General Bajwa’s contribution to take vital steps so as to facilitate safety and security in the country, will go down in history. The pulse of the people at large is that General Bajwa’s re-appointment has been warmly welcomed. There were seminars and processions in favour of General Bajwa’s re-appointment, from which the pulse of the public opinion can be appreciated,” said the petition, adding, “In the present times, it was most appropriate to re-appoint General Bajwa, who himself never sought a re-appointment.” “The court could not interfere in the legislative domain or equip itself with the function of a parallel legislative authority. It is respectfully pointed out that the direction to the legislature could only be given by the courts so as to avert a situation of unconstitutionality or illegality. No judicial directions to the legislature could be given so as to convert a convention into codified law,” it added. The review petition also revealed that on November 25, the respondent mala fidely preferred a direct Petition No.39 of 2019 before the apex court under Article 184(3) of the Constitution, challenging the appointment of General Bajwa as the army chief for a second term of three years, commencing from November 29, 2019 to November 29, 2022.
PPP all-set for Liaquat Bagh jalsa g
CONTINUED ON PAGE 02
ARSHAD MALIK CASE
fia raids Pml-n’s lahore secretariat g
Pml-n to Hold Protest against raid, calls it Product of imran kHan’s ‘fascist mindset’ STORY ON PAGE 02
LHC finds 'visible lapses' in case against Sanaullah g
court says Political victimisation cannot Be overlooked as it’s an ‘oPen secret’ in Pakistan
sanaullah says case ‘baseless’ STORIES ON PAGE 02
Imran says army ready for any Indian misadventure
2 soldiers martyred in loc firing STORIES ON PAGE 03
Saudi FM meets PM Imran, Qureshi on one-day trip
lHc tells Police, leas to ensure security of Bilawal and ParticiPants
STORY ON PAGE 03
RAWALPINDI: Pakistan People's Party (PPP)’s Parliamentary Leader in the Senate Sherry Rehman inspects the venue for the party’s upcoming public gathering on December 27 on the eve of 12th death anniversary of former premier Benazir Bhutto. online
STORY ON BACK PAGE
nePra approves rs1.56 per unit hike in power tariff STORY ON PAGE 11
LAHORE: An annular solar eclipse which was said to be the last big celestial event of the year as it comes to an end, descended upon parts of Pakistan on Thursday morning.