Kayani’s extension challenged in Supreme Court

Published: April 14, 2012
Petitioner says Kayani is approaching age of superannuation and his extension is in violation of the Constitution. PHOTO: REUTERS/ FILE

Petitioner says Kayani is approaching age of superannuation and his extension is in violation of the Constitution. PHOTO: REUTERS/ FILE

ISLAMABAD: Chief of Army Staff (COAS) General Ashfaq Pervez Kayani’s service extension has been challenged in the Supreme Court. Advocate Col (R) Inamul Rahiem filed a petition-cum-charge sheet on Saturday against the extension of General Kayani as COAS and termed it a violation of the Constitution.

Kayani is approaching 60, the age of superannuation, on April 20, 2012. The petitioner prayed to the court to direct the federal government to appoint the senior most general, presently the Chairman Joint Chiefs of Staff Committee General Khalid Shamim Wyen, as new COAS, as per Article 184(3).

The petitioner, who served as Judge Advocate General in Pakistan Army for 27 years, maintained that according to Army Rules and Regulations 1998 too did not allow Kayani to retain his present post.

He asked the court whether the extension of Kayani, against law of the land, is not tantamount to deprivation of rights of his successors Lt Generals who could in turn be promoted to the position of COAS by virtue of their seniority.

While providing some facts, and references to past instances, the petitioner maintained that whenever the principal of seniority was violated and a junior one was promoted as COAS, the outcome was always Martial Law. “The examples of General Zia and Pervez Musharaf are before us, both revolted against their appointees, Zulfikar Ali Bhutto and Nawaz Sharif, one was hanged and the other exiled.”

The petition further adds that during the tenure of Kayani as Army Chief, two major attacks took place at Rawalpindi Cantonment, and one at Parade Lane where a serving Major General, Maj Gen Bilal, along with dozens of serving officers and their children were killed. The other attack was on the GHQ where a Brigadier and around 16 security officials lost their lives. “It was complete failure of command and intelligence.”

The petition further alleged: “The operations in Fata, Wana and Swat where all the drone attacks were carried out with the connivance of the military chief and no action taken against those operations, notwithstanding their ability to stop is tantamount to violation of Articles 9 and 14 of the Constitution.”

The COAS is responsible for the deaths of the citizens whose responsibility is to defend the boundaries of Pakistan and the citizens of it, the petitioner stated. “But he failed to respond and abide by the Constitution and oath taken there which is in violation of Articles 9, 14 and 5 of the Constitution.”

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Reader Comments (11)

  • Mirza
    Apr 14, 2012 - 11:17PM

    The SC would be glad to become chief of the executive and appoint army chief all top civil and military officials, prosecutors, and ministers as well.


  • Umer
    Apr 14, 2012 - 11:19PM

    Let’s see if CJ can take up this case as vigorously as cases against civilian leadership are taken. Will CJ call Kiyani to court for explanation like he does with PM?


  • k. Salim Jahangir
    Apr 14, 2012 - 11:52PM

    @ Umer……There are no corruption or contempt of court charges against COAS. Let Gillani & defender of immortal democracy explain why they extended Kiyani’s tenure.


  • k. Salim Jahangir
    Apr 15, 2012 - 12:01AM

    Gentlemen………….Have a heart,stop army bashing. Talk about how to get rid of this corrupt regime to save Pakistan.


  • Hassan
    Apr 15, 2012 - 2:00AM

    Col (R) Inamul Rahiem – what a brave man you are to stand up to this useless Army Chief!


  • wali baba
    Apr 15, 2012 - 3:48AM

    wat can the CJ do. he himself is 64 yrs old, born in dec 1948


  • Ch. Allah Daad
    Apr 15, 2012 - 4:14AM

    General Kayani’s extention waas granted in special circumstances which he did not request. If there is anyone responisble, its the civilian government, none other. Perhaps problem with this retired Col. (R) is that he did not fire a single bullet in his entire career. Pakistan Army under brave leadership of General Kayani was fighting war against terrorists and change of Command would have been disastrous. Americans also re-elected this Col.’s brother in stupidity Mr. Bush in similar circumstances. Some officers in Army are curse on institution and this Col. (R) is one of them.Recommend

  • Umer
    Apr 15, 2012 - 6:49AM

    @k. Salim Jahangir:

    There are no corruption or contempt of
    court charges against COAS.

    How about so many abductees and murdered from Baluchistan for example? Who is responsible for those? Any of the Justices willing to take that up and punish the culprits?


  • Mirza
    Apr 15, 2012 - 8:21AM

    Who is going to challenge and in which court the extension of PCO CJ? All extensions of paid govt servants must be banned so that the other young and talented professional can replace them. This would also reduce the unemployment among the young. Leave the chair after you have completed your legal tenure.


  • Ashraf P
    Apr 15, 2012 - 8:29AM

    The CJ will dismiss this petition in 2 seconds flat when it comes up for hearing. Any bets?


  • Johny
    Apr 15, 2012 - 9:29AM

    CJ won’t do anything except giving out dates on every hearing,the perfect example is of PM Gillani.


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