ISLAMABAD: *New developments reported from Supreme Court over COAS GeneralQamar Bajwa tenure extension case.*
The Supreme Court (SC) has adjourned the hearing on a petition challengingthe extension given to Chief of Army Staff (COAS) General Qamar Javed Bajwatill tomorrow (Thursday).
A Supreme Court bench comprising Chief Justice of Pakistan Asif SaeedKhosa, Justice Mian Mazhar Alam Khan Miankhel and Justice Syed Mansoor AliShah heard the case today.
The army chief is being represented by Farogh Naseem, who resigned from hispost as law minister yesterday to pursue the case. Naseem also submittedhis power of attorney upon arrival at the court.
The hearing will be resumed on Thursday (tomorrow) at 1:00 pm.
During the hearing, Justice Khosa remarked that the amendment in Army Rulecould not be applied to the rank of Chief of Army Staff (COAS) as the ArmyChief is a commander which is a separate category.
Justice Khosa questioned Farogh Naseem for the time for the retirement ofthe Army Chief. Naseem answered that the tenure of COAS will expire onThursday’s 12:00 midnight.
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“How can a federal government extends the tenure of an army chief if it isnot making an appointment? Is it possible to consider the retirement afterconclusion of a tenure?” questioned Justice Shah.
“There is no age limit set for the retirement of a general,” said theattorney general.
“It means that a retired general can be appointed as an Army Chief. Thiswill also allow to make you the Army Chief,” remarked Justice Shah.
CJP Khosa said that the notification was issued for re-appointment, postingand an extension in the summary.
“This matter needs an immediate decision. We have to nullify theappointment citing such mistakes. It is sorrowful that this shouldn’t beemerged on the matter related to the Army Chief. The Army Chief neverretires until he gives charge to another chief. It is a position of Chiefof Army Staff but not the Chief of Army Service.”
Later, the top court adjourned the hearing till Thursday which would beresumed at 1:00 pm tomorrow.
