Pakistan top court revisits Bajwa’s extension amid military trial appeals

Pakistan’s Supreme Court has questioned the legal basis for extending former Army Chief General (retd) Qamar Javed Bajwa’s tenure, as judges revisited the 2019 ruling that led to emergency legislation on the issue.

During a hearing on intra-court appeals against the trial of civilians in military courts, a seven-member bench led by Justice Aminuddin Khan referenced Bajwa’s extension.

Justice Naeem Akhtar Afghan remarked that at the time, no law existed to extend an army chief’s tenure, prompting the Supreme Court to order parliament to pass legislation.

Justice Aminuddin Khan added, “At the time of Bajwa’s extension, everyone complied without resistance to the notification.”

In January 2020, parliament approved a three-year extension for Bajwa with a clear majority under the then Imran Khan government. Opposition parties, including the PML-N and PPP, supported the move. The decision came after the Supreme Court, in November 2019, struck down the extension and directed the government to provide legal grounds for reappointment.

The Khan government responded by drafting legislation that secured Bajwa’s extension after a swift parliamentary vote. The opposition backed the move, and the bill passed the lower house in just 10 minutes, reportedly to avoid confrontation with the military.

The issue resurfaced when PTI lawyer Salman Akram Raja referenced India in his arguments against military trials of civilians. Justice Aminuddin Khan questioned whether the right to appeal in India was granted by parliamentary legislation or through court directives.