Court authority: Plea against army chief’s service extension dismissed
Article 199 (3) bars the high court from hearing military-related matters: IHC CJ.
ISLAMABAD:
The Islamabad High Court (IHC) on Monday dismissed a petition against the extension of service granted to the Chief of Army Staff General Ashfaq Parvez Kayani in 2010, terming the petition “not maintainable”.
Petitioner Colonel (retd) Inamur Rahim, convenor of the Ex-servicemen Legal Forum, filed a petition challenging the extension given to army chief in 2010. He maintained that the tenure of the army chief was to end on Nov 29, 2010, but two days before his retirement, the government had extended his service without citing any reason.
The petitioner argued that army chief stood retired on November 29, 2010 and could not be considered a serving member of the armed forces after that date.
IHC Chief Justice Iqbal Hameedur Rehman rejected the petition under Article 199 (3) of the Constitution, which bars the high court from hearing military-related matters.
The petitioner had argued that there was no provision in the Army Act 1956 or other rules under which an extension could be granted to any person.
He contended that the extension for Gen. Kayani was granted by the authority concerned in a mechanical manner. “As per the army list, the date of birth of Gen Ashfaq Parvez Kayani is April 20, 1952, and under the Army Act, nobody is permitted to remain in uniform after attaining the age of 60,” he added.
He told the court that over a dozen retiring lieutenant generals could not be considered for the promotion because of the extension given to Gen Kayani in violation of Article 9 of the Constitution.
Published in The Express Tribune, September 25th, 2012.
The Islamabad High Court (IHC) on Monday dismissed a petition against the extension of service granted to the Chief of Army Staff General Ashfaq Parvez Kayani in 2010, terming the petition “not maintainable”.
Petitioner Colonel (retd) Inamur Rahim, convenor of the Ex-servicemen Legal Forum, filed a petition challenging the extension given to army chief in 2010. He maintained that the tenure of the army chief was to end on Nov 29, 2010, but two days before his retirement, the government had extended his service without citing any reason.
The petitioner argued that army chief stood retired on November 29, 2010 and could not be considered a serving member of the armed forces after that date.
IHC Chief Justice Iqbal Hameedur Rehman rejected the petition under Article 199 (3) of the Constitution, which bars the high court from hearing military-related matters.
The petitioner had argued that there was no provision in the Army Act 1956 or other rules under which an extension could be granted to any person.
He contended that the extension for Gen. Kayani was granted by the authority concerned in a mechanical manner. “As per the army list, the date of birth of Gen Ashfaq Parvez Kayani is April 20, 1952, and under the Army Act, nobody is permitted to remain in uniform after attaining the age of 60,” he added.
He told the court that over a dozen retiring lieutenant generals could not be considered for the promotion because of the extension given to Gen Kayani in violation of Article 9 of the Constitution.
Published in The Express Tribune, September 25th, 2012.