ISLAMABAD: The Islamabad High Court (IHC) division bench on Tuesday accepted an application calling for an early hearing about the extension given to Army chief Ashfaq Parvez Kayani in 2010 and will hear the case in the third week of November.
The two member bench comprising Justice Muhammad Anwar Khan Kasi and Justice Shaukat Aziz Siddiqui accepted the Civil Miscellaneous (CM) application filed by former Army officer Colonel (retd) Inamur Rahim, challenging the legality of the extension.
On September 25, Chief Justice IHC Justice Iqbal Hameedur Rehman had dismissed a related petition terming it “not maintainable”. The petition was rejected under Article 199 (3) of the Constitution, which bars the high court from hearing military-related matters.
Later, the petitioner filed an Intra Court Appeal (ICA) challenging the single bench order.
The petitioner, in its ICA, had maintained that there was no provision in the Pakistan Army Act of 1956 under which a complete tenure extension could be granted to any person subjected to the Army Act.
The petitioner then filed a fresh application seeking the early hearing of his appeal, especially after the recent statement of General Kayani, which - according to the petitioner - sparked ire at national level.
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There are reports that Col Inam has been assaulted by "unidentified persons". His car has been burnt down as well. Conspiracy to increase divide between the army and the nation OR...???
@Hammad: The same lesson should be taught to the PCO judges as well.
@Mirza: "There should be no extension for any general" because its illegal but what about the extension of Dr.Faqira the favourite of "my lord" who has been given extension for the third time.
A paid Government servants' (Army Genl) services are extended and elected public servants (President & PM) tenure is curtailed. This happens only in Pakistan.
it was zardari or gilani granted him extention, kayani did not beg. few persons have anti-military agenda in pakistan.
Whether this ext was warranted by law or not, it would not be wise to raise this issue at this point of time as it would simply add confusion to confusion. All Pakistanis including those in powers should focus on bringing peace stability and harmony in the country. Many innocent lives are being lost everyday for one reason or other or no reason at all. SC should proactively hold those acccountable who have the duty to maintain law and order in the country rather than wasting time on such petitions.
Appoint Haqqani as the new Army Chief and Hafez Saeed the new ISI Chief. Ibrahim Dawood can be the Home Minister and Lal Topi wala - Zaid Hamid the Foreign Minister.
Kayani is perhaps the only COAS Pakistan has had who is ardent supporter of democracy. Well done, sIr ! You deserve a life term as COAS.
@Khan: Please elaborate now where are those ideological boundaries that they claim to be saviours of? You have talked about physical boundaries whereas 'idealogical boundaries' have no limits and no definetion and that make it a lethal weapon in the hand of army and a hanging sword on civilions.With this lethal weapon generals can interven in politicl affairs or when they will can remove civilion government on the pretext of, that undefined idealogy, under risk of attack by politicians.That is the reason politicians dare not undo with many of the ammendments in the constitution, directly voilating the fundamental rights of citizens.Majority of pakistanis are brainwashed by establishment over the false idea of pakistan which founder of this country has never envisged.Idea behind this idealogy is to rule people as long as they remain ignorant. Rom is burning and Nero is playing with flute.Pakistan is in the hands of thugs.
tables are turning on PK army, buhat mazay hogaye
@Ch. Allah Daad: Actually he is the worst general Pak Army has ever produced. He has no guts to attack North Waziristan and free the country from terrorists who are leading pakistan to annihilation and the general has no concerns about it. He will be retireing soon leaving othetrs to deal with mess if anything is left by then
Some people think the petitioner is part of the ex servicemen association elements that are opposed to an operation in NWA and are afraid that Gen Kayani might actually do what all sane pakistanis want and finally kill the militant monster the Army spawned two decades ago. The hope being to displace Kayani with a Army chief more sympathetic to the Jihadi network.
Acceptance of petition is an interesting development since grounds for his further extension have already been accepted in principle by the weak govt. Kayani is acceptable to govt as he did not rock its boat and it may not be too sure of his successor to continue the same policy. But the civilian govt might be proved wrong as Kayani is not taking any decisive action against TTP who is now in control of all areas claimed to be cleared of militants and army has put the onus on Afghanistan to do its job and all operations against this deadly outfit have been stopped. The situation during Kayani tenure has gone from bad to worse since thousands of innocent people lost their lives and govt has lost its writ in SW, Swat areas where military had claimed victory. The General by his inaction against the militants is only waiting for complete anarchy to set in the whole country to justify a military taking over.
@faraz: General McChrystal was replaced in Afghanistan by Obama for making some irresponsible remarks about US politicians.
The petition should not be entertained because a) It is submitted very late should have been launched within one month of granting extension b) It is already rejected by a competent authority court
@sabi:
China & Iran are considered friendly nations .. to South is Arabian sea that is under the control of Navy, Now remains two borders that needs guarding .. Durand Line to the West and India to the East who has only retaliated in the past and never initiated so the 615,000 Armed forces are needed for two borders but just one in current situation, the Durand Line. That border is being crossed over by 56,000 people every day without any legal documents and most of them involved in anti state activities and some even armed while the army claim to be at war (with whom) and unable & unwilling to fence or seal that border or stop that flow. Please elaborate now where are those ideological boundaries that they claim to be saviours of?
Former Army personnel Colonel (retd) Inamur Rahim, the petitioner during his service with Pakistan Army has always been saying "YES SIR" to all his superiors.
It is quite amazing that after his retirement the petitioner has raised the question before the Honourable Court about the extension of sitting COAS, General Ashfaq Parvez Kayani.
I don't see any relevance of his petition and his unnecessary apprehension as in this particular case the petitioner is not affected in any way, nor it is a matter of public interest, as who remains the COAS in Pakistan.
It is a matter entirely at the discretion of the Government whether to give an extension to the sitting COAS or replace him with any other senior Army Officer.
How can a retired Colonel can ascertain as what is right and what is wrong in this context?
Kiyani is an NRO General and needs to go .
I have no respect in left in our armed forces specially after how the U.S. marines were able to enter our air space, perform a quite long operation right next to our biggest military academy and then get out without getting noticed at all by these guys.
That was a big wake up call for Pakistanis back then and it is a big wake up call right now. For decades, our forces have only been taking big cuts out of our budgets while showing closing to zero use of that. I've no faith left in them what so ever. Running big military land allocation and housing projects for their families is the only thing I've noticed our Army to be good at.
Do anyone talk about SC registrar faqeer hussain third time extension?
There is no concept of extension as per army rules for generals and others. Lt Gen 4 years, General 3 years. An Army which cannot produce a new chief after 3 years.... some thing wrong... grave yards are full of indispensable people the life goes on. In fact Keyani as DG ISI was involved in NRO arrangements between BB and Mush, being an inside man he suits Zaradri & Co, new man may turn up and say I don't care ....
This should be seen purely as per the Law and the Army Act and should not be politicised.
Picture above shows all the three heads looking to heaven as if only answerable to Allmighty and none else!-After all they are the saviours of the idealogical boundries of this country.
When extension was given, nobody except PML(N) objected. Now he is close to retiring, some people want to settle score with outgoing general. This is very disrespectful to one of the finest offcers Pakistan army has produced.
whats his plan on US missiles..??
@faraz: "No general is replaced or retired in war like situation"
Are you being serious or were you sarcastic? I am hoping you were sarcastic - but in case you were serious : Did you hear of Gen. Paul Allen recently? A couple of years back the US general in Afghanistan was dismissed because he criticized the VP in an interview. In Pakistan, the ISI head goes to another country to collect proof against his own President (remember memo gate)?
@faraz: Ok sir. Please dry clean and courier Gen. Mush uniform.
After his political statements, it is time he should be retired right away and send a message to the establishment that times has changed and people are fed up with their dominance on internal and external matters. They are hired and paid for to defened the borders instead of ruling the country.
General sahib had long experience of handling with Americans (double game).He proved him succesfull by draging this war upto this day keeping Americans away talibans stay and nation sway!
@Jat: For Life and beyond. He will get a larger picture from Jannat:) +++++++++++++++++++++++++++++++++++++++++++++++++
May Gen Kayani reign remain as constant as the northern star. We should be thankful that he even lets us live in Pakistan. He must be appreciated!
No general is replaced or retired in war like situation
These politicized generals need to learn a lesson on when to speak and when to stay quiet.
Gen Kayani should be made COAS for life to appreciate and acknowledge his outstanding service to Pakistan Army and himself.
The generals should think, reflect and understand that why are people so much against them while adoring the air force and navy officials? There should be no extension of any general in the future with no exceptions. This huge army should not be dependent upon one or two people. Remember when Zia fell from the sky and several generals died, Pakistan army did fine despite the big loss. The argument that nobody is after Ayub, Yehya, Zia or Mush has proved wrong and only to extend the dictatorial rule of a person.
Cant understand the Petitioner's agenda, what this guy has to do with kayani's extension or speech, But i can figure out the agenda of those who pushed and used that petitioner, They just want a clash between both Institutions and media is gonna assist them