The cliffhanger COAS verdict

It was a sigh of relief for the federal government when the Supreme Court finally granted a six month extension in the tenure of Chief of Army Staff General Qamar Javed Bajwa. A constitutional crisis has been averted as the nation would have been without an army chief if the matter dragged on.

The apex court issued a short order allowing the army chief to stay on for six more months during which parliament will form legislation on the extension and reappointment. The court cited procedural anomalies in a notification on the army chief’s extension issued on August 19. Chief Justice of Pakistan Asif Saeed Khosa said the court is exercising judicial restraint and leaving the matter to parliament.

Prime Minister Imran Khan hailed the verdict that came in the nick of time as the army chief was retiring at midnight. The premier said the decision must be a disappointment to those expecting instability in the country due to a clash between institutions. He also hit back at his political rivals particularly external enemies and “mafias” who  he says have looted the nation and stashed their wealth abroad. 

It seems that a clash of institution has been averted, at least for now. The last couple of days have seen various institutions on the brink. There were even rumours that an emergency situation was being contemplated suspending the courts in case an extension was not granted. Such a decision would have been disastrous for the country.

This comedy of errors which turned the entire issue into a cliffhanger could have been easily avoided. It is also puzzling that the case filed by a habitual petitioner was turned into a suo motu notice and a three-member bench was immediately formed. This means the Supreme Court considered the matter as significant for often questions of maintainability are raised and not every petition is accepted.

The verdict is a breather for the government to deliberate and form legislation to avoid a repetition in the future. The possible clash of institutions would have created instability but finally calm minds have defused the crisis.