Three-member bench of the Supreme Court headed by Justice Anwar Zaheer Jamali and comprising Justice Asif Saeed Khan Khosa and Justice Musheer Alam Khan conducted hearing of the petition filed by Shahid Aurakazai. It was requested in the petition that all the appointments should be made on the basis of eligibility instead of seniority.
Justice Asif Saeed Khan Khosa, addressing the petitioner, Shahid Orakzai, said that he filed the petition on the basis of assumption, saying that as to whether he wants that appointments should be made on the basis of seniority. Justice Asif Saeed Khan Khosa further said that the court cannot ascertain as to whether something wrong would be done. Justice Anwar Zaheer Jamali inquired from the petitioner as to whether he can peep into the future.
Shahid Orakzai filled appeal in the apex court against the order of Islamabad High Court. He requested in the petition that appointments of Chairman Joint Chiefs of Staff Committee, Army Chief, Air Chief and Naval Chief in the armed forces should be made on the basis of eligibility instead of seniority.
Supreme Court inquired from the petitioner, that he filed petition on May 20 and at that time all the four posts were filled and no such post of the armed forces was vacant at that time, saying that on what assumption the petition can be filed.
Upon this, Shahid Orakzai said that Chief Executive gave a statement regarding the appointments that all appointments would be made on the basis of seniority. He further said that if such practice was adopted in the armed forces and appointments would be made on the basis of seniority then the tendency of competition would end and it would not augur well.
It is worth mentioning here that earlier, Islamabad High Court rejected the petition of the Shahid Orakzai.