IHC dismisses plea against extension in COAS’s tenure

ISLAMABAD: A Division Bench of Islamabad High Court (IHC) on Thursday dismissed an intra-court appeal filed against its September 24, 2012 verdict declaring a petition against the extension granted in the tenure of Chief of Army Staff Gen Ashfaq Parvez Kayani as ‘non-maintainable’.

The bench comprising Justice Muhammad Anwar Khan Kasi and Justice Shaukat Aziz Siddiqui ruled that the applicant had only requested that the amenities being enjoyed by the COAS be withdrawn. The bench noted that the applicant had not sought that the COAS be inquired that under which authority he was holding the office of army chief.

The intra-court appeal was filed by a legal adviser to the Ex-Servicemen Society Col (r) Inamur Rahim advocate praying the court to allow him to make changes in his plea. However, the bench rejected his request, observing that, the petition, which had been dismissed, could not be amended.

On September 24, last year, the court had dismissed his petition against the extension granted to the army chief. He had stated in the petition that the army chief could not remain in uniform after attaining the age of 60 years as per the Army Act. He had contended that General Kayani was not subject to the Army Act, 1952, as he had attained 60 years of age on April 20, 2012.

The court had also noted that according to the Army Service Act, the matters related to the armed forces services could not be taken up by High Court. The petitioner had stated that the ex-servicemen society, which represented hundreds of thousands of retired military men, had been expressing serious concern over the extension given to uniformed people because it would adversely affect the entire fibre of command- a hallmark of any disciplined force. He had submitted that Gen Kayani had attained the age of 60-year on April 20, 2012 and under the Army Act, nobody is permitted to remain in uniform after attaining the age of 60 year.