An interesting exchange took place between Chief Justice Asif Saeed Khosa and Barrister Farogh Naseem during today's hearing of General Qamar Javed Bajwa extension case.
The CJP asked General Bajwa’s lawyer, Farogh Naseem, if the army chief will retire tomorrow (on Thursday), adding that according to the AG’ a general never retires’.
“In your opinion, can a former army chief also be appointed as COAS?” the SC CJP said.
“As per the attorney general and the definition of article 243, even he [the AG] can appoint the army chief” Justice Mansoor Ali Shah remarked. If the federal government doesn’t appoint an army chief, how can it grant him an extension, Justice Shah opined.
“If the duration/tenure is over, does that mean that the army chief can be considered retired?” To which the attorney general replied that there was no age limit to a general’s retirement.
“That means that any retired military officer can be appointed army chief,” observed Justice Shah. “Where does it say that a COAS has to be from the army?”
The attorney general stated that General Bajwa will retire tomorrow night.
“Then this case must be decided on an urgent basis,” said the CJP.
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