Game of thrones in Pakistan The Statesman 03 Dec 19
https://epaper.thestatesman.com/2445936/Bhubaneswar-The-Statesman/3RD-DECEMBER-2019#page/7/2
Game of thrones in Pakistan 03 Dec 19
After an intense three-day drama, the Pak supreme court ruled that General Bajwa, who was given an extension for three years, would remain in the chair for six months, during which parliament would legislate on the extension/reappointment of an army chief. In Pakistan’s history, many army chiefs have either taken self-extension or granted one, but never has it been questioned by the courts.
In only one case in 2010, when General Kayani was granted an extension, an appeal was filed in the Islamabad High Court. It was dismissed on the grounds that the high court does not have jurisdiction on the Army Act. It never went beyond the high court. The present judgement is a landmark judgement, which has balanced aspirations across the board and impacts Pak in the long term.
The court considered the case under three aspects, law, procedure followed and the grounds for granting an extension. In every case the state was found wanting. Legally and procedurally there were shortcomings. The court even remarked that there was ‘ambiguity in the army act’. On the grounds of granting an extension the court remarked, ‘If they find an extraordinary general tomorrow, will they grant him an extension of 30 years?’
To add to the misery of the government and the army, the Chief Justice mentioned, ‘We were labelled as agents of India and the CIA when we examined the Army Act yesterday’, implying that anyone who questions the army is anti-national and an Indian RAW agent. It was this power of the army that the judiciary broke.
The army chief was also part of the discussions in the PMs house where the case was being considered and observations of the court addressed. To add insult to Imran Khan, the Chief Justice stated, ‘It is embarrassing that the army chief has to keep an eye on summaries instead of the country’s defence.’ The court brought the army to its place.
Pak was a divided house on the issue of extension. Many felt that the army chief should retire honourably, and the concept of extensions must end. After all, the country has many competent generals to replace him. Even the Pakistan Bar Council announced a day long strike against the extension.
A three-year extension meant that all senior officers, almost 17 of them, would have retired. Most in the running were therefore against the extension and hence there were divisions within the army. The senior most officer post the retirement of General Bajwa after three-years, would be Lt Gen Faiz Hamid, who is currently the DG ISI. Hence, the deep state was backing the extension since it benefitted General Faiz. The decision of the supreme court has given some a cause for cheer.
Simultaneously, the decision has changed Pak’s internal atmosphere for a long time to come. Firstly, it has removed the army from being the sole authority to determine its own future. Silently, the court has placed the parliament as supreme as it now needs to decide what legislation it would pass and the period of extension that it can permit the army chief to be given.
To further rub salt into wounds the supreme court stated, ‘There is no check on the activities that are going on in cantonment or under which law an action is being taken. Now a constitutional institution is examining this matter.’
Secondly, in a country where the army chief has been able to influence the judiciary and accountability courts to put behind bars all who oppose their interests including former PM’s and presidents, this decision has proved that there are still a few sane voices within the country, which can challenge their writ. How would this impact the judiciary in the time ahead, is to be seen.
Thirdly, within Pak there was a debate on who is more important, the individual or the institution. For General Bajwa and his selected Prime Minister, Imran Khan, it was the individual and not the institution. Many across Pakistan felt that in order to safeguard the institution, General Bajwa should have resigned and let the government act in its own time to overcome the deficiencies pointed out by the court, rather than rushing for a legislation in six months.
Khurram Husain wrote in the Dawn, ‘There is more to the institution of the military than its might and prestige. After Wednesday’s hearing in court, there is little doubt that this higher purpose, before which all chiefs should submit, will best be served by standing down.’
Fourthly, Imran proved himself incompetent once again. He kept amending his extension directions based on court orders only to be rebuked again and again. It also proved that his set of advisors were as incompetent as him. Further, the same judiciary which he attempted to challenge a few days ago, placed him in his place. He may never learn from this lesson as he never accepted his faults but tweeted, ‘a great disappointment to those who expected the country to be destabilised by a clash of institutions.’ He implied India and the Pak opposition.
There are also doubts on why the court took up the case. One thought is by doing so, the court has legalised the extension, and knows that Bajwa would gain his three years through parliament. This would close all litigations which may arise in the future.
For China, which praised his extension, as he remains the main backer to the CPEC, this would have come as some relief. For India, it would mean engaging an army with a known devil as its head. The reactions and denials of Pak post the Balakote strike and recent strong cross-border fire assaults, have enabled India to judge his reactions to strong Indian counter measures, which is to hide rather than face.
The main loser in the entire episode, solely because General Bajwa placed himself before his institution, is the Pak army. Its power has been checkmated. However, with a selected PM at the helm, it may regain it soon.
About the Author
Maj Gen Harsha Kakkar
Retired Major General Indian Army