The Lahore High Court (LHC) ruled out a petition seeking the nomination of the army commander based on seniority was inadmissible.
Advocate Najma Ahmed’s appeal requested that the court require the respondents to choose the highest senior officer as the future army chief.
The petitioner said that Army Chief of Staff (COAS) Qamar Javed Bajwa will retire on November 29. Therefore, in keeping with tradition, the names of five generals suggested by the Ministry of Defence for the nomination of the army chief are considered for the appointment of the next chief of the army staff (COAS).
According to the petitioner, the prime minister has the discretionary authority to choose one of the five military officers for the position of army chief.
Referring to Article 243 (4b) of the Constitution, which outlines the mechanism for appointing the COASf, the petitioner asserted that the conventional system for appointing the new army chief violates Article 25 of the Constitution and is thus illegitimate and unconstitutional.
The petitioner also referred to senior lawyer Aitzaz Ahsan, who raised qualms about the conventional method of appointing the army chief.
The court, however, noted that a full court should handle such an issue and urged that the petitioner seek the Supreme Court.
