Extension to COAS: IHC dismisses intra-court appeal

Petitioner argues General Kayani no longer subject to Army Act 1956 since he reached retirement age in April, 2012.

ISLAMABAD:

The Islamabad High Court on Thursday dismissed an intra-court appeal on a petition challenging the service extension of the Chief of Army Staff (COAS).

A two-member division bench comprising Justice Muhammad Anwar Khan Kasi and Justice Shaukat Aziz Siddiqui dismissed the appeal filed by Colonel (retd) Inamur Rahim. Chief Justice Iqbal Hameedur Rehman had rejected the petition last year under Article 199 (3) of the Constitution, which bars the high court from hearing military-related matters.

Rahim had argued that General Ashfaq Parvez Kayani was no longer subject to the Army Act 1956 because he had attained the retirement age on April 20, 2012.

Justice Siddiqui asked the petitioner why he had not challenged the service extension in 2010, when it was granted. The petitioner responded that he was waiting for the army chief to turn 60.

A SC decision in the Hajj corruption case, where the court had said that reemployment violates the rights of other eligible candidates, Rahim argued, applied to this case.

Justice Siddiqui said the petitioner should have filed this case earlier when extension was granted. The bench also pointed out an error in the appeal.

Rahim asked that the appeal be amended, but the court dismissed the appeal, saying amending it is not possible now. The petitioner said he will now approach the SC.

Published in The Express Tribune, February 1^st, 2013.