There are speculations in Pakistan, will Supreme Court interfere in the appointment of the Army Chief?
Even before the name of the new army chief has been announced in Pakistan, the discussion of challenging his appointment in the court gained momentum. Some legal experts have even speculated that the Supreme Court may intervene on its own initiative if it feels that due process has not been followed in the appointment.
According to reports published in Pakistani newspapers, the government and military leadership are also aware of these discussions. That's why they are constantly consulting among themselves. Meanwhile, some pro-government lawyers have warned that interference of the court in the appointment of the army chief would be an unconstitutional step, which could have harmful consequences.
In fact, a petition has already been filed in the Supreme Court. In this, the Supreme Court has been requested to order the Prime Minister and the Ministry of Defense to appoint only the most senior and experienced general as the army chief. The petition has been given by a lawyer named Talib Hussain Makan. In this, the court has also been requested to fix the appointment process forever, so that there is no dispute over it again and again.
According to a report published in the newspaper Express Tribune, in the past months, the Supreme Court was seen in an activist role. Therefore, it remains difficult to predict that if the appointment of the Chief of Army Staff is challenged from any side, then what will be the stand of the court on that? In this report, it has been reminded that President Arif Alvi had dissolved the National Assembly in March-April last on the recommendation of the then Prime Minister Imran Khan. But the court overturned that decision and reinstated the National Assembly.
During the same judgment, Chief Justice Umar Ata Bandial had prohibited all state institutions from taking 'unconstitutional decisions. It is now being speculated that a petition may be filed in the court terming the appointment process of the army chief as 'unconstitutional' and the court may decide to hear it.
The Express Tribune consulted some prominent lawyers on the possibility of court interference in the appointment of the army chief. The lawyers told the newspaper that if there is an impression that the appointment has been made in violation of procedures, there may be a possibility of court intervention. Former Additional Attorney General Tariq Mehmood Khokhar said- 'We have uncertain conditions of deepening a crisis. If any procedural lapse or discrepancy is noticed, the court may intervene to clarify the situation.
Another lawyer said that if the matter goes to the Supreme Court, then it remains to be seen which judges' benches will hear it. Since last February, the Chief Justice has not constituted larger or special benches on the basis of the seniority of judges. There is also a perception that the judges are divided into ideological lines.
Observers are of the opinion that if the court interferes in a sensitive issue like the appointment of the Chief of Army Staff, then the atmosphere of tension in the country may increase. It is not possible to guess what will be the reaction of the army to this.