LHC dismisses petition seeking COAS appointment on seniority

LAHORE: The Lahore High Court on Wednesday dismissed a seeking appointment of the Army Chief on the basis of seniority. The court has dismissed the petition due to non-maintainability. However, the court suggested petitioner contact the Supreme Court observing that such a matter should be put before the full court.

The petitioner stated that Army Chief General Qamar Javed Bajwa’s term of office is going to be complete on November 29. It is a tradition to consider the names of five generals recommended by the Central Ministry of Defense for the appointment of the Army Chief. It further said that according to the rules of business the prime minister has been given the discretionary power to make one of the five generals as the army chief. Referring to Article 243 (4b) of the Constitution which lays down the procedure for the appointment of Chief of Army Staff, the petitioner claimed that the traditional procedure for appointing the new army chief is in conflict with Article 25 of the Constitution, and is illegal and unconstitutional. The federal government, he said is bound to appoint the new army chief in accordance with the law. The petitioner implored the court to issue directions to appoint the senior-most officer as the army chief. The petitioner said that senior lawyer Aitzaz Ahsan has also expressed reservations over the appointment of the army chief through the traditional procedure.