ISLAMABAD: Chief Justice Asif Saeed Khosa on Wednesday said some rules and regulations should be decided for the future reference.
Hearing the case pertaining to extension of the army chief’s tenure, the chief justice said PM has the authority to suspend retirement, but this could only happen after the retirement had taken place.
He said the government had made amendment in the army rule 255 which did not apply to the chief of army staff. “The army chief is a commander, hence he lies in a separate category,” he said adding that you have made amendment to 255 and there’s no mention of the army chief in this regulation.
“The solution to the problem lies in Article 253,” he said.
The Federal Cabinet had approved amendment in the Rule 255 of Army’s Regulation “to assist the court”. While, Minister for Planning Asad Umar has said the prime minister held the discretionary powers under Article 243 and could grant extension to the army chief.
Asif Saeed Khosa said according to the clause 3 a general’s retirement took place on completion of his tenure or his age.
Attorney General (AG) Anwer Mansoor said Article 243 and Army Regulation 255 were two separate things
Justice Mansoor Ali Shah said Article 243 was regarding appointment while Rule 255 was regarding re-appointment. Mansoor Ali Shah asked where was it written that the term would be extended by three years.
The CJP said we had to see in this backdrop that what would happen after three years.