The court issued notices to defence ministry, federal government and Gen Bajwa, who is due to retire on November 29. The hearing was adjourned until Wednesday.
On August 19, Prime Minister Imran Khan had approved an extension in the tenure of Gen Bajwa for another three years.
“General Qamar Javed Bajwa is appointed Chief of Army Staff for another term of three years from the date of completion of current tenure,” the brief notification issued by the prime minister’s office had said.
The chief justice today took up a withdrawal application of a petition challenging the extension in Gen Bajwa’s tenure. The top judge, however, rejected the application and took up the petition in public interest under Article 184 (3) of the Constitution.
“Only the president of Pakistan can extend the tenure of the army chief,” he said during the hearing.
“Army chief’s tenure was extended after the president’s approval,” the attorney general (AG) told the court. “The summary had been approved by the cabinet.”
Justice Khosa said that out of 25 cabinet members, only 11 had approved the extension.
“Fourteen members of the cabinet did not give any opinion due to their absence,” Justice Khosa said.