Islamabad: President Pervez Musharraf's continuation as army chief despite crossing retirement age came under attack in Pakistan's Supreme Court by an opposition lawyer on Wednesday.
The lawyer, Hamid Khan, also said that amendments to the law allowing him to hold dual posts should be considered "unconstitutional".
During a hearing on a slew of petitions against Musharraf holding the posts of army chief and president, Hamid Khan, representing Jamate-i-Islami, said the President had on August 10, 2003 turned 60, the maximum age for a serving general under the Pakistan Army Regulation Act.
"When the service is completed, one must look towards the relevant law and according to service period of 35 years, Musharraf stands retired in 1999," Khan said.
Reacting to Khan's argument, Justice Faqir Muhammad Khokhar, a member of the presiding Bench, said, "The post of the Chief of the Army Staff is a Constitutional office and not governed by the Army Act."
Khan also argued that Musharraf is not eligible to file his nomination papers for the upcoming Presidential elections as "he has already served for two consecutive terms", to which Justice Khokhar again stated: "But Chief of the Army Staff is not a rank, it is Constitutional office and you have to keep in mind".
Khan said Musharraf had violated his oath as a soldier to not take part in politics and also reminded the apex court that the General broke his pledge before the nation to remove his uniform by December 31, 2004.
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