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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