| Case ID |
3b300517-9cb1-4d40-8692-ba73ea33d775 |
| Body |
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| Case Number |
Constitutional Petition No. 39 of 2019 |
| Decision Date |
Nov 28, 2019 |
| Hearing Date |
Nov 28, 2019 |
| Decision |
The Supreme Court of Pakistan addressed the constitutional petition regarding the extension of tenure of the Chief of the Army Staff. The Court examined various laws, including the Constitution of Pakistan and the Pakistan Army Act, and found no provisions specifying the tenure or reappointment of the Chief of the Army Staff. The Attorney-General assured the Court that necessary legislation would be initiated to clarify these terms. The Court decided to leave the matter for Parliament to legislate on the terms of service and tenure of the Chief of the Army Staff. The current appointment was allowed to continue for six months pending the new legislation, after which the terms would be defined by the new law. |
| Summary |
This case centers on the constitutional and legal implications surrounding the extension of tenure for the Chief of the Army Staff in Pakistan. The Supreme Court scrutinized the relevant provisions in the Constitution, Pakistan Army Act, and associated regulations. The lack of explicit legal frameworks for reappointment or tenure extension led to a significant ruling emphasizing the necessity for legislative clarity. The case highlights the balance of power between the judiciary and the legislature in Pakistan, particularly regarding military appointments. The decision underscores the importance of codifying practices currently followed in the military to ensure transparency and legality. The Court's directive for the Federal Government to undertake necessary legislative measures within six months aims to resolve ambiguities surrounding military leadership roles, ensuring adherence to constitutional mandates. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MAZHAR ALAM KHAN MIANKHEL,
SYED MANSOOR ALI SHAH
|
| Lawyers |
Anwar Mansoor Khan,
Sajid Ilyas Bhatti,
Amir-ur-Rehman,
Ch. Ishtiaq Ahmed,
Mian Asghar Ali,
Ms. Faryal Shah Afridi,
Syed Iqbal Hashmi,
Dr. Farogh Nasim,
Abid S. Zuberi,
Ayan Memon,
Shahid,
Naseem Gondal,
Barrister Neelum Ali Bukhari
|
| Petitioners |
JURISTS FOUNDATION THROUGH CHAIRMAN
|
| Respondents |
FEDERAL GOVERNMENT THROUGH SECRETARY, MINISTRY OF DEFENCE AND OTHERS
|
| Citations |
2020 SLD 103,
2020 PLD 48
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Pakistan Army Rules, 1954,
Army Regulations Rules, 1998,
Pakistan Army Act, 1952
|
| Sections |
184(3),
243,
243(4)(b),
12,
255,
8(2)
|