Chief of Army Staff (COAS) General Ashfaq Pervez Kayani. — AP (File Photo)

ISLAMABAD, Sept 11: Service extension given to Chief of Army Staff Gen Ashfaq Parvez Kayani has been challenged in the Islamabad High Court.

But Chief Justice Iqbal Hameedur Rehman has directed the petitioner to satisfy the court about his locus standi (being aggrieved) and to submit copies of relevant documents annexed with the petition and adjourned the hearing.

Petitioner Col (retd) Inamur Rahim, convenor of ex-servicemen legal forum, told the court that the forum was of the opinion that the extension given to the army chief was immoral and unconstitutional.

He said there was no provision in the Pakistan Army Act of 1956 and in the rules under which an extension of complete tenure could be granted to any person subject to the Army Act.

The petitioner said the ex-servicemen society, which represented hundreds of thousands of retired military men, had been expressing serious concern over extension given to uniformed people because it would adversely affect the entire fibre of command – a hallmark of any disciplined force.

He said the extension of Gen Kayani was granted by the authority concerned in a mechanical manner. While granting a tenure extension of three years nobody bothered that it would surpass the age of superannuation (60 years) on April 20, 2012. As per the army list, the date of birth of Gen Ashfaq Parvez Kayani is April 20, 1952, and under the Army Act nobody is permitted to remain in uniform after attaining the age of 60.

He pointed out that the Supreme Court had already observed on a number of occasions that on account of extension/re-employment of government employees, eligible candidates deserving to be appointed on such posts could not make it because the position had been occupied by the re-employed employees.

The petitioner said it was a natural desire of every officer who joined the army to reach the optimum rank and after undergoing so many courses when he became a lieutenant general he is a potential candidate to be selected as COAS.

He said more than one dozen lieutenant generals would retire and could not even be considered to become a general because of the extension given to Gen Kayani in violation of Article 9 of the Constitution.

The petitioner claimed that Gen Kayani had played a vital role in the NRO deal struck at Dubai. Gen Kayani accompanied former president Gen (retd) Parvez Musharraf and virtually emerged as a guarantor of the deal. And the Zardari government gave him another extension illegally to protect the guarantor, he said.

He requested the court to set aside the extension order and send Gen Kayani home.


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Comments (65) Closed




nomi
Sep 12, 2012 05:41am
This is a very positive action taken by someone in such a messed up situation. Corruption should be eliminated from the Army as they are controlling the whole country directly or indirectly and clean up should be start from the highest. When Army will be sincere and corruption free, whole system will get aligned itself. I hope high court or supreme court should take action on this petition and be sincere this time with Pakistan. I hope and pray that Allah bless this country with honest and sincere leaders in future. Long live Pakistan !
Riz Hassan
Sep 12, 2012 07:33pm
very good opinion,
Akhter Husain
Sep 13, 2012 03:36pm
I have no doubt about professionalism of our armed forces,but Gen Kayni has delivered what ever was expected of him What is mind boggling is the petition by a person who has nothing to lose for he is a retired Col and can not be re-inducted in the armed forces.The change of command is done when it becomes necessary if strategy so requires and not just for fun's sake or to accommodate some one dear to some one else
EmMoosa
Sep 13, 2012 05:41pm
Interesting enough.
Mr.T
Sep 12, 2012 06:05am
Why now ? why not it's challenged when the extension was given ? The petitioner is also a ex-soldier, what is the message want to give ???
Ayaz Shahwani
Sep 12, 2012 05:27pm
But why now after so much time, was the Col(retd) sleeping at that time when extension was granted. and it came at a time when America wants Pak Army to carry out start operation in North Waziristan.
M. Asghar
Sep 12, 2012 06:41am
This petition is important, because it shows that the civil society cannot accept anymore the percieved arbitrariness in state's actions.
BIMAL CHANDRA JHA
Sep 13, 2012 05:27am
Sir, As an Indian I do not have right to make comments in the internal administrative affairs of Pakistan, but by virtue of being a student of law I can say that the extension granted in service to any employee or an officer mars the promotion prospects of junior officers. Every officer, may be in Army or in civil, wishes to attain higher post. If the opportunity is not available, the officer becomes demoralized and this affects his or her functional capacities. So, the extension is b ad in the eyes of law. The govt can utilize his service in other sectors if it wishes. Yours faithfully; BIMA CHANDRA JHA Samanpura Road, Patna, India
pakiaussi
Sep 13, 2012 05:48am
No one is irreplaceable .. as a law of the land there should not be any extension or rehiring .. everyone MUST retire at the stipulated age or service tenure. This applies to the armed forces and civilian bureaucracy too - including judges etc. If someone is that brilliant and their leadership is inevitable then make a think tank and appoint them as honorary members in a consultation capacity only so that their talents can be utilised without compromising the service structure of promotions.
Khan
Sep 13, 2012 12:25am
What civil society are you talking about?
Aizaz Moin
Sep 12, 2012 01:20pm
Give the young ones a chance General Sahib. I am sure there are many patriotic younger officers waiting to take your place. Come and join us, our day is done, time to let the next generation run this world. Take a break, I say.
Ahmer
Sep 13, 2012 01:35am
Nothing will come out of this petition. The judges know who to push and who not to touch.
ndean
Sep 13, 2012 01:54am
its wrong to give top general an employment extension, he has completed his time now he should depart. so the others can move up the ranks. its an injustice for officers who are waiting in the wings.
Shahid Latif
Sep 12, 2012 01:33pm
In a free society, there certainly is room to toy around challenging every thing.
Nazk
Sep 12, 2012 07:10am
The case will stay buried in files.
Arif Shigri
Sep 12, 2012 07:35am
every body should follow they law and respect the constitution of pakistan..... even the army chief.... nobody should allowed to escape from the law and constiution... to be a good muslim and pakistan every pakistan should respect the leader , heads of government, miltary, and should not cross they limits.. every one should b bound in its own circle ... Allah bless pakistan
Introspection
Sep 13, 2012 05:23am
In my opinion, judging from his past responsible positions, track record, and paper trail, the honorable General Ashfaq Parvez Kayani [Nishan-e-Imtiaz (both Military and civilian), and Hilal-e-Imtiaz], indeed is a loyal and farsighted Custodian of The Islamic Republic of Pakistan, and must be allowed to finish his legally-extended term without creating hinderances
Dr. Wali
Sep 13, 2012 05:47am
Three Generals who were indicted in NLC scandal case by supreme court were taken back as serving generals in Pak army just sake of their court martial, instead of open court trial in supreme court or any other civilian court
introspecteeve
Sep 13, 2012 03:07pm
If Gen. Kiani thinks that his service should be extended to run things smoothly then I am afraid he has failed to do his job. This means that he has not strengthen the Army as an institution instead he has made Army dependent solely on a person. This also means that he thinks of officers below him as incompetent not worthy to take position of COAS and If thats the case then it is worrisome situation for whole nation.
EmMoosa
Sep 13, 2012 05:42pm
Do not dream please !
EmMoosa
Sep 13, 2012 05:41pm
Do you believe so ?
EmMoosa
Sep 13, 2012 05:40pm
True.
KHAN
Sep 12, 2012 04:19pm
LET US WHAT SC CJ DO NOW
r.s.soni
Sep 12, 2012 10:04am
i think it is only right time.
A Pakistani
Sep 12, 2012 05:58pm
Kiyani is a guarantor of NRO... when he goes all the NRO receivers and givers will be exposed and only then the looted money can be brought back to Pakistan.
Pakistani
Sep 12, 2012 07:17am
this is not a right time to experiment.
NASAH (USA)
Sep 12, 2012 05:19am
"Chief Justice Iqbal Hameedur Rehman has directed the petitioner to satisfy the court about his locus standi (being aggrieved)..... I wish the highest CJ had asked the perennial petitioners Nawaz Sharif and Imran Khan to satisfy the court about their Locus standi...!
Zahid
Sep 12, 2012 12:33pm
By granting extension, the Govt is sending a clear signal to everyone: all the core commanders are incapable of leading the forces just as Balawal-less 180 million Pakistanis are dull and none of them can lead the nation. Nawaz Sharif, too, has named Muslim league as "N" as if once he leaves, the party will die. Can this nation call itself to be sovereign? I believe not. What if Kiyani, Bilawal, and Nawaz are not there anymore!
Singh
Sep 12, 2012 04:58am
It is minor as compare to re-hiring of three to be court martial. Unheard of any where in world. So sit tight.
Pakistani
Sep 12, 2012 07:18am
re-hiring of three to be court martial?? can you elaborate.
FAIR DINKUM
Sep 12, 2012 09:01am
The petition is right in its moral and legal capacity,if the court decides to maintain it,that will be the turning point in pakistan's history....long live pakistan.
Patriotic-american
Sep 12, 2012 06:01pm
Another feeble and hopeless attempt to undermine the PAK armed forces (wont work, InshAllah).
Shahid Kureshi
Sep 12, 2012 06:03pm
Was the ex-servicemen society or its legal forum asleep all time time. It is a misnomer that this collection of wizards represent hundreds and thousands of ex-servicemen. It should first be asked to prove this contention. I am a decorated ex-serviceman and these guys don't speak for me.
Yaser
Sep 12, 2012 04:48pm
Timings of this petition is really interesting .... Kayani is going to russia where he is going to meet Potin .... This must be painful for somepeople here .. :)
Arsalan
Sep 12, 2012 09:56am
Doctrine of necessity?
r.s.soni
Sep 12, 2012 10:03am
still it is better, he has courage enough to call a spade a spade
sajjad
Sep 12, 2012 04:57am
hmm It is time for Kyani to go and let other people cllimb the rank.
parveez
Sep 13, 2012 04:54pm
Gen Kayani shold never have been given extension, after getting the extension he has turned a blind eye, as to what zardari is doing to the country. I am not saying he should have taken over, but he has given in to the corrupt government. I have heard that his brother has a job with baria town owner. What does this say. Think for your self.
Akhter Husain
Sep 13, 2012 08:39am
Life is not all about climbing the rank.It is serving the people and your duties for the sake of purpose one has been appointed for.
rayees
Sep 12, 2012 10:37am
please give extension to the general Kayani as he is a brave man ................ to save pakistan it is must to give him more chance to work
Dr Nizam S Prince
Sep 12, 2012 10:45am
Thanks, someone has become vocal for correction. It doesn
RS
Sep 13, 2012 08:54pm
you forgot the Mehran Naval base attack
Agha Asad Raza
Sep 13, 2012 05:44am
It is about time that Kayani should retire gracefully!
A J Khan
Sep 12, 2012 12:17pm
The court cannot handle serious cases at hand due to heavy pendency, such cases further waste the time of the general public. Cases should be heard through auto parking system and no one should be allowed to jup the line.
Yusuf
Sep 13, 2012 06:16am
my thoughts exactly!
aftabwilson
Sep 13, 2012 04:06am
It is not possible for '' B '' Team to take action against their '' A'' Team.
Imran Ahmed Khan
Sep 13, 2012 04:25am
Three retired general officers accused of corruption to be prosecuted in a civil court were re-employed by the military under dubious rules to have them escape civilian laws. The action shows contempt for the law of the land and contempt for the civilians of Pakistan. The military apparently does not accept the supremacy of civilian institutions, even courts.
Rao
Sep 13, 2012 03:12am
I think extension should have never been awarded, or it should have been challenged in the beginning, or before his original term was expiring the noise should have been raised. BUT, right now, he is Army chief and I strongly oppose removing him. This will destroy the morale of a very disciplined and strong institution, we can not afford it at this time when we are being attacked from inside and out.
Salma
Sep 13, 2012 04:14am
You must really be kidding us, Kiyani is a brave man? When has the general displayed any courage in actions? Is allowing drone attacks, Salala Attacks and Abbatabad attacks traits of a brave, patriotic General? We must have a very different understanding of 'brave'!
Zaheer
Sep 13, 2012 03:16am
What about the dozen or so Lieutenant Generals-who will retire without having any chance of becoming the COAS?. All that training, hard work for nought.No body is irreplaceable-not even Gen Kayani. Zaheer
qb@gmail.com
Sep 13, 2012 06:23am
kiyani must vacate the office as country can be run smoothly without him, having much better and qualified officers than him. he has brought much added disgrace to our dignified uniform....
Akhter Husain
Sep 12, 2012 03:35pm
Now because the Col did not feel hurt at that time.Or there may be some inspiring person behind it ,that is his chances will improve with the retirement of present COAS..The message is simple that is "Let my man be at the helm of affairs".
Akhter Husain
Sep 13, 2012 08:54am
The moment I read about Col's petition ,I thought,international strategies are changing where sitting COAS does not fit in.Gen Kiani has so far proved to be a tough customer who is not prepared to yield or compromise Pakistan's interests without violating the norms and practices of war against terrorism.The change of horses at the peak of war activities has always been counter productive.
True Pakistani
Sep 12, 2012 03:14pm
- the khakis, because they have ALL the guns, are and have been since day one the most corrupt organization in this poor, unfortunate, ephemeral, un-natural, artificial . . . country. they do what they like and no one can be in their way. the judiciary is also equally corrupt. this case will take long, long time to be decided. and surely not in the life time of the petetioner and the repondent.
Bakhtawer Bilal
Sep 12, 2012 08:45pm
is he THE only brave man in the whole army!
A. Salma
Sep 12, 2012 08:46pm
After the OBL raid, kyani as a soldier, should have had dignity to resign, Instead he received extension. I think kyani should get another extension only if the navy seals conducts raid deep inside the country and kills another high value target like mullah omar or Ayman al-Zawahiri. Otherwise no extension, lets follow the precedence set by the army after OBL raid!
Bakhtawer Bilal
Sep 12, 2012 08:47pm
very well said.
Bakhtawer Bilal
Sep 12, 2012 08:49pm
three generals who had retired, were implicated in corruption of billions. Instead of law to take its course, the three retired generals were rehired by the army on the plea to court marshal them, so that they will not be tried in the court of civilians.
Rehana Qureshi
Sep 12, 2012 09:30pm
What will it take for the Pakistani Awaam to take things in their own hands?
Taxla
Sep 12, 2012 02:26pm
Once your time has come to retire, that's it, please go, no if and but. Nobody is indispenseable. It's just like when your time has come to go from this world, you can't get extensions, can you.
M.A
Sep 13, 2012 12:32pm
True. Very disciplined! In removing the elected governments!
r.s.soni
Sep 13, 2012 10:54am
Mr Akhtar, you are sadly mistaken. in modern army, in a war if a commander gets killed on the first day of action in a war, his deputy immediately takes over. and operation continues.without any hindrance. it is the way the army is trained.who knows his successor may show better performance. have faith in your senior officers. they are professional every inch.please don't under estimate them . it will be a travesty of truth. i am sure, all pak army officers are really gem. don't be pessimistic. cheer up.
Mohammad Nasir
Sep 12, 2012 02:03pm
the message is clear you scratch my back and ill scratch yours,this is why this country is in the third world no clear leadership.corrupt from top to bottom,selfish,greedy people who have fallen in love with worldly pleasures!enjoy while you can.
SM
Sep 13, 2012 12:29pm
You could not be more right.
zain
Sep 12, 2012 10:57pm
good job!! I must say. It is never too late. I hope and I pray that the court declares and gives its decision soon.