What is good for the state institutions is good for Pakistan Rules and procedures are guidelines for effective and good governance. Let us stop turning them into road blocks. Periodical reviews are required to update all rules and procedures as well as government policies. Democracy in its best form and description adopted and adopted is likely to result in effective delivery and satisfaction. We are for rule of law not for law of the ruler. Crux of the matter is that in government business following procedures and rules and regulations is an essential requirement. The supreme Court suspending August 19 notification observed government had failed to follow procedure. Rule 255 of Army Regulations has been now amended to assist the apex court.
[Existing] laws do not specify the tenure, retirement or extension of the Chief of Army Staff (COAS)or of a General, “Court order notes. Chief Justice of Pakistan saves government’s grace. The honorable Supreme Court gives six months to legislate on COAS appointment, General Baja’s fresh appointment stats from Nov.28 Tenure will be subject to new laws or legal amendments affected by the parliament regarding the COAS tenure and relevant terms and conditions of service.
Against the common perception, the case that came for hearing before the apex court was not specific to the service of the incumbent army chief; rather, the court acted to bring clarity to rules and laws governing the office of the chief of Army staff, their appointment / service extension.
In its short order, the court noted that the federal government had presented a recent summary approved by the President on the advice of the Prime Minister along with a notification dated 28-11-2019 which shows that General Qamar javed Bajwa has been appointed as COAS under Article 243(4)(b) of the constitution with effect from 28-11-2019. “The current appointment of General Qamar Javed Bajwa as COAS shall be subject to the said legislation and shall continue for a period of six months from (today) 28-11-2019 where after the new legislation shall determine his tenure and other terms and conditions of service”
The negative image of the government is particularly worry some when you come to think of their failure to handle strategic matters of national security and other sensitive matters
It was a brilliant short order by the Court headed by chief Justice Asif Saeed Khan Khosa, and comprising Justice Mazhar Alam Khan Mian Khel and Justice Syed Mansoor Ali shah. To my mind it is an assignment for the government to prove their worth and seriousness in the task of legislating on important issues which have been neglected by politicians and law experts.
Prime Minister Imran Khan paid his tribute to chief Justice of Pakistan Justice Asif Saeed Khan Khosa saying he was one of the greatest jurists produced by Pakistan.
The prime minister is also expected to make extra effort to see that prosperity comes to Pakistan. There needs to be a culture of cooperation and reconciliation to make socio-economic development possible. Politics should be for positive thinking to bring relief to the needy in all spheres and domains of life. Politics is an instrument of planned deliberate change for leading to healthy and productive society if that focus is kept in view. Let us do something about poverty and inequalities., and inaccessibility to provision of health, education and housing. Let us do something about the speedy escalating cost of living. Could we revive the dream of “middle class”. It is no more there. If things are not going well in a society the government is responsible. In our school and college days a term “Road Inspector” was well known, that was for the unemployed. How many “Road Inspector” do we have today. Situation is miserable.
The problem of incompetence of PTI government is no longer a secret. How have they bumbled and fumbled is not a long story. But a tale of last few days in case of extension of tenure of the Army chief. The concern and regard displayed by the Supreme Court for the office of the chief of Army staff has been visible throughout the country. The amateurish style of those at the helm of affairs was frustrating because they did not have the experience how to move a summary and that what was the procedure involved. Confidence in the government stands at all time low. The negative image of the government is particularly worry some when you come to think of their failure to handle strategic matters of national security and other sensitive matters. One can only thank the chief Justice, Asif Saeed Khan Khosa, for his historic conduct of the trial, and all the Honorable Judges on the bench. Were it not for them, the government would still be Stumbling round over a notification that should have been issued the first time around. Incapacity and utter failure cannot be tolerated.
The writer is the former director of National Institute of Administration (NIPA), Government of Pakistan