COAS extension: IHC dismisses intra court appeal
01 February, 2013
ISLAMABAD: Islamabad High Court (IHC) has struck down intra court appeal filed against rejection of petition by its single bench in the case of extension in service of army chief Gen Ashfaq Pervez Kayani.
A division bench of IHC comprising Justice Muhammad Anwar Khan Kansi and Justice Shaukat Aziz Siddiqui took up the case for hearing Thursday.
The petitioner Col (Retd) Inam ur Rahim had earlier through a petition challenged in IHC the 3-year extension in service granted to army chief by the president.
He had taken the plea that as per army act no Jawan could stay in uniform after 60 years of age. The promotion of several officers is being affected due to extension in the service tenure of army chief. This extension is tantamount to encroach upon the rights of these officers therefore, extension order be declared null and void, he pleaded.
Single bench of IHC dismissed petition filed by Col (Retd) Inam ur Rehman declaring it non maintainable.
Col (Retd) Inam ur Rahim filed intra court appeal against rejection of his petition by single bench of IHC.
The petitioner while citing to a statement by army chief related to institutions had filed a miscellaneous petition seeking early hearing of his intra court appeal. He contended in this application that army chief should not give statements like this as his extension in service tenure has already been challenged in the court.
The IHC issued orders on November, 13 fixing the appeal for hearing in next week. In the wake of this development, the hearing of the case was to take place on November, 22, 2012. However the IHC bench hearing the appeal plea was disbanded due to non issuance of notification on regularization of service of the then Additional Judge Justice Shaukat Aziz Siddiqui. Therefore, the hearing of intra court appeal could not occur. Later Justice Shaukat Aziz Siddiqui took the oath of his office and started performing his duty following the issuance of notification of his regularization. Therefore, the intra court appeal was fixed for rehearing.
The petitioner during the course of hearing of the case took the plea that President granted 3 years extension in service tenure of the army chief Gen Ashfaq Parvez Kayani while he had reached age of 60 years. He challenged the extension in the high court as no one can remain army chief beyond 60 years of age but his plea was rejected, petitioner submitted. This petition was declared non maintainable and rejected by the chief justice of IHC, he added. Therefore, he filed intra court appeal challenging this decision, he said.
Justice Shaukat Aziz Siddiqui inquired from the petitioner as to why he waited for 2 years in filing the appeal as he should have filed writ on the basis of warranto that under what law army chief was holding his office.
The petitioner took the ground his extension period was challenged by him after army chief had completed 60 years of age.
Justice Shaukat Aziz Siddiqui remarked "your writ is not a warrant to writ but it is writ seeking orders for withdrawal of perks and concessions from army chief.