August 07, 2018
ISLAMABAD: Secretary of Defence Lt Gen (retd) Zamir-ul-Hassan Shah said on Tuesday that the General Headquarters and the Ministry of Defence gave the former chief of army staff Gen (retd) Raheel Sharif a No Objection Certificate (NOC) for foreign employment.
The apex court was hearing a suo moto case pertaining to dual nationalities of government employees.
Chief Justice of Pakistan Justice Saqib Nisar was hearing the case, during which the Defence Secretary appeared before the court and presented details of the NOC of Raheel Sharif and former Director General Inter-Services Intelligence Ahmed Shuja Pasha.
Lt Gen (retd) Zamir-ul-Hassan Shah told the court that Ahmed Shuja Pasha said that he is not on a job.
The defence secretary further said that the matter of Gen (retd) Raheel Sharif's NOC was approved from the General Headquarters and forwarded to the defence ministry.
Following which, the Attorney General responded that taking approval from the federal cabinet for the NOC is necessary.
The attorney further said that the federal government’s authority is exercised through the federal cabinet.
The CJP said that the issue will be presented before the new government’s cabinet, to which the AG responded that it can take some time.
Following the arguments, the hearing of the case was adjourned until the winter holidays.
In the previous hearing, the apex court had inquired about the foreign hiring of the former top military men.
Justice Mian Saqib Nisar had observed that General (retd) Shuja Pasha and General (retd) Raheel Sharif found employment abroad within two-years after retirement.
"According to the law, government officers cannot sign an employment contract abroad for two years after their retirement. Generals Pasha and Sharif, both, found employment abroad. Is the law not applicable to army officers?" the chief justice had asked.
In 2017, former adviser to Prime Minister on Foreign Affairs Sartaj Aziz had said that the government of Pakistan had agreed to give an NOC to General (retd) Raheel Sharif to lead a 39-nation alliance of Muslim states led by Saudi Arabia.
Speaking about dual citizenship in the hearing on August 1, the defence secretary said the armed forces do not recruit dual citizens. Adding that the condition against dual citizenship is advertised in recruitment ads, Shah said any dual citizen accepted by the army has to give up their foreign nationality.
The chief justice then ordered the defence secretary to submit in writing the information he had shared in court. He also ordered the defence secretary to ensure that dual citizens were not presently employed by the armed forces.
"We have earlier conducted a similar exercise among the civil forces," Justice Nisar remarked.