Which general does PM Sharif want to retain?

With the retirement of Pakistan’s top generals just round the corner, the government is busy rewriting the rulebook to cut the red tape on retaining a general in service past the age of retirement.

By Naveed Naqvi

ISLAMABAD: Speculation over the transition of command in the Pakistan army was already at a fever pitch when reports arrived Wednesday to the effect that the government of Prime Minister Shehbaz Sharif is gearing to table a set of amendments to the law governing the appointment and retention in service of senior army officials.

This is a well-intentioned moved on the face of it, intended to cut the red tape and simplify the process of retaining an incumbent general in service past the age of retirement. However, its timing suggests is may have a bearing on the proceedings just round the corner.

As things stand, however, it is difficult to say if the proposed new legislation will clear the air over the matter or muddy the waters even more.

The mainstream and social media have been in a frenzy for weeks now over the appointment of a new army a chief come November 29, the day the incumbent Chief of Army Staff (COAS) Gen Qamar Javed Bajwa retires.

Also due to achieve the age of retirement on the same day is Chairman Joint Chiefs of Staff Committee (JCSC) Gen Nadeem Raza. Another senior general, Lt-Gen Asim Munir is set to retire two days ahead of Gen Bajwa.

Which (if any) of these top generals the Prime Minister wishes to retain at a stroke of his pen is anybody’s guess.

A Dawn report Wednesday said the government is looking to amend the Pakistan Army Act (PAA), 1952, to “empower the appointing authority — i.e. the prime minister — to retain [an incumbent] through a simple notification, rather than having to go through a complex, constitutional process”.

This amendment to PPA will allow the PM to retain COAS and CJCSC through a simple notification, instead of going through the complex constitutional process in this regard.

According to reports, a summary of various amendments in PPA are ready to be presented to the Cabinet Committee on Legislative Affairs (CCLC) which was approved by the Ministry of Defense last month. After approval of the committee proposed legislation will be tabled in Parliament for enactment.

The proposed amendment looks to insert the word ‘retention’ after the word ‘appointment’ , and the word ‘resign’ after the word ‘release’ in clause A of section 176 of the Pakistan Army Act (PAA), 1952.

As of now, the clause reads: “The [Federal Government] may make rules for the purpose of carrying into effect the provisions of this act… Without prejudice to the generality of the power conferred by subsection (1), such rules may provide for the appointment, reappointment or extension, retirement, release, discharge, removal or dismissal from the service of persons subject to this Act, including the Chief of the Army Staff and / or the Chairman, Joint Chiefs of Staff Committee.”

According to the current law, the government follows a set procedure for re-appointment or extension of tenure of the Army Chief, whereby a summary is issued by the Ministry of Defense, which after the approval of the Prime Minister is sent to the President.

The current army chief General Qamar Javed Bajwa is set to retire on November 29 after serving for 6 years, including an extension of his tenure.

Last month, Imran Khan said that the appointment of the army chief can be postponed for some time so that the country can have an election and the new government can appoint the army chief of its choice.

On the other hand, the PML-N has been continuously denying this proposal and has maintained that the prerogative of appointing the Army Chief belongs to the Prime Minister and when the new elections will be held, this decision is also the responsibility of the Prime Minister.