COAS posting: Plea for applying seniority rule dismissed by LHC

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LAHORE: The Lahore High Court on Wednesday dismissed a petition seeking a direction to the federal government to apply the principle of seniority in the appointment of the new army chief.

Advocate Najma Amjad filed the petition through her counsel Tariq Aziz.

The petitioner contended that the prime minister exercising his discretion chose an army chief among the names of five generals forwarded by the army through the ministry of defence. She said the traditional mechanism to appoint the chief of the Pakistan army was unconditional.

She said the army chief should be appointed on the principle of seniority like chief justices of the provincial high courts and the Supreme Court.

The petitioner stated that senior lawyer Aitzaz Ahsan also expressed reservations over the procedure available in article 243 of the Constitution for the appointment of the army chief. She said the procedure in vogue was in violation of article 25 of the Constitution.

Justice Faisal Zaman Khan sustained an office objection and observed that the petition was not maintainable before the court. The judge said the petitioner could approach the Supreme Court on the matter.

The registrar office had also objected to the maintainability of the petition.

The lawyer arrayed the federal government, secretary law, secretary establishment and Barrister Aitzaz Ahsan as respondents in the petition.

Published in Dawn, November 17th, 2022

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