Peshawar: The Pakistan government`s
decision to give a three-year extension to army chief Gen
Ashfaq Parvez Kayani was challenged in the Peshawar High Court on Tuesday by a lawyer who contended it violated the constitution.
Shahid Orakzai, a journalist and lawyer, filed the
writ petition under Article 199 of the constitution and
challenged the Prime Minister?s decision to give the army
chief an extension in service on July 22.
In the petition, Orakzai asked the High Court to
declare the extension as ultra-vires of the constitution.
He said that in the 18th constitutional amendment,
Article 46 of the constitution was amended to state that the
Prime Minister would only "keep the President informed on all
matters of internal and foreign policy".
Thus, Orakzai claimed that under this article, there
is no room for any consultation between the President and the
Prime Minister on such issues.
He further stated that under Clause 3 of Article 243
of the constitution, the President is bound to make military
appointments on the advice of the Prime Minister but there is
no room in the said clause to double the tenure of any of the
three service chiefs.
Orakzai claimed that the three-year extension given to
the army chief is questionable as it could adversely affect
the "maintenance of discipline" among members of the armed
forces as emphasised in Article 8 of the constitution.
As interim relief, Orakzai asked the High Court to
protect the discipline of the armed forces by immediately
requesting the President to reconsider his advice for
extension in the tenure of the army chief.
Orakzai made the federal government through the
defence secretary a respondent in the petition.
PTI
