ISLAMABAD, November 19, 2024: The Supreme Court of Pakistan on Tuesday dismissed a petition that sought to challenge the extension of the army chief’s tenure, citing non-pursuance of the case.
A seven-member constitutional bench, led by Justice Amin-ud-Din Khan, rejected the plea after maintaining objections raised by the court’s registrar regarding its inadmissibility.
The bench comparing Justices Ayesha Malik, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Jamal Khan Mandokhail, Naeem Akhtar Afghan, and Musarrat Hilali.
The amendments, passed earlier this month, extend the tenure of service chiefs, including the chief of army staff (COAS), to five years, removing the age and service limits that typically apply to senior military officers.
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The government’s amendments also altered the retirement age for service chiefs, allowing them to remain in office beyond the standard limit of 64 years during their tenure, reappointment, or any extension.
During the hearing, Justice Mandokhail raised concerns about the mounting backlog of cases in the judiciary, which currently stands at over 60,000.
He questioned why the petition should not be dismissed with a penalty for contributing to the delays.
The judge also criticized the petitioner, a lawyer, for bringing forth such cases, stressing the need for efficient case management to clear the backlog.
Justice Mazhar pointed out that the court had already addressed a similar issue in the Sughran Bibi case and questioned the petitioner’s failure to approach the High Court regarding the second FIR registered in the same incident.
In addition to the tenure extension case, the constitutional bench also dealt with a case involving the registration of two FIRs for the same incident. T
The bench declared the petition inadmissible and dismissed it. In a separate development, the court transferred two cases, originally moved to the constitutional bench, back to the regular bench for further consideration.
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Justice Ayesha Malik clarified that the transfer to the constitutional bench had been made at the petitioner’s request.
However, Justice Mazhar expressed the view that only cases involving constitutional questions should be heard by the constitutional bench, rather than routine legal matters.
The bench also decided to return a case related to a housing society from the constitutional bench to the regular bench.
Justice Ayesha highlighted that it was common for cases to be transferred between benches based on their nature and complexity.
This ruling highlights the Supreme Court’s ongoing efforts to manage its caseload while maintaining focus on constitutional matters.
