(Original Jurisdiction) PRESENT: Mr. Justice Asif Saeed Khan Khosa, CJ
IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) PRESENT: Mr. Justice Asif Saeed Khan Khosa, CJ Mr. Justice Mazhar Alam Khan Miankhel Mr. Justice Syed Mansoor Ali Shah Constitution Petition No. 39 of 2019 (In the matter of the Tenure and Extension of the Chief of the Army Staff) The Jurists Foundation through its Chairman …Petitioner versus Federal Government through Secretary Ministry of Defence, etc. …Respondents Petitioner: In person. For the respondents: Mr. Anwar Mansoor Khan, Attorney- General for Pakistan with Mr. Sajid Ilyas Bhatti, Addl. Attorney- General Mr. Amir-ur-Rehman, Addl. Attorney- General Ch. Ishtiaq Ahmed, Addl. Attorney- General. Mr. Sohail Mehmood, Dy. Attorney- General. Mian Asghar Ali, Dy. Attorney-General. Assisted by Ms. Faryal Shah Afridi, Advocate. Syed Iqbal Hashmi, ASC. Brig. Falak Naz, Director (Law), Ministry of Defence. Flt. Lt. Khalid Abbas, Asst. Director (Law), Ministry of Defence.. Brig. Muhammad Khalid Khan, JAG Department, GHQ. Lt. Col Rai Tanveer Ahmed Kharral, OIC, JAG Department, GHQ. Dr. Farogh Nasim, ASC for respondent No.4, alongwith Mr. Abid S. Zuberi, ASC. assisted by M/s Ayan Memon, Shahid Naseem Gondal & Barrister Maleeka Ali Bukhari. Mr. Mehmood A. Sheikh, AOR. Constitution Petition No. 39 of 2019 2 Research Assistance: Supreme Court Research Centre (SCRC) Dates of hearing: 26th, 27th & 28th November 2019. JUDGEMENT Syed Mansoor Ali Shah, J.- At the heart of this case lies the fundamental question of rule of law: Is our government of laws or of men?1 The case before us questions whether the top military post in the country, that of the Chief of the Army Staff (“COAS”), the commanding officer of the Pakistan Army, is regulated by the Constitution and the law; whether the COAS has a tenure or can seek an extension or has any terms of service under the law.
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