Army chief extension: Appeal in IHC to be heard today

Petition dismissed last year; petitioner claims Army Act does not apply on Kayani any more.


Obaid Abbasi January 30, 2013
Col. Rahim maintained that because of the three-year extension to the army chief, 24 lieutenant generals were deprived of their legitimate right of promotion. PHOTO: FILE

ISLAMABAD:


A divisional Islamabad High Court (IHC) bench will take up an intra-court appeal (ICA) on Thursday (today) challenging the extension in service granted to Pakistan Army chief General Ashfaq Parvez Kayani.


A two-member bench comprising justices Muhammad Anwar Khan Kasi and Shaukat Aziz Siddiqui will hear the appeal of Colonel (retd) Inamur Raheem, convenor of the Ex-servicemen Legal Forum. In his original petition, the retired colonel contended that, “As per the army list, the date of birth of Gen Kayani is April 20, 1952, and under the Army Act 1956, nobody is permitted to remain in uniform after attaining the age of 60.”

He maintained that because of the three-year extension to the army chief, 24 lieutenant generals were deprived of their legitimate right of promotion.

In September last year, Col. Raheem challenged the extension given to army chief in 2010. On September 24, IHC Chief Justice Iqbal Hameedur Rehman rejected the petition under Article 199 of the Constitution, which bars the high court from hearing military-related matters.

Subsequently, the petitioner had challenged the single bench order and filed an ICA before the divisional bench. However, on November 20, the bench could not hear the appeal because the term of Justice Siddiqui had expired as he was appointed as an additional judge for the period of one year.

Earlier this month, the Ministry of Law and Justice had issued a notification making Justice Siddiqui a regular judge.

Published in The Express Tribune, January 31st, 2013.

COMMENTS (1)

Mirza | 11 years ago | Reply

Isn't it too late to hear this case against extension? By the time Kayani would leave (if at all) there would have been only two army chiefs in the last two decades or so. They perpetuate their power and cling to power at all costs.

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