Islamabad: A petition challenging the unprecedented three-year extension given by Pakistan government to army chief Gen Ashfaq Parvez Kayani will come up for hearing before the High Court here on Thursday.
A bench of the Islamabad High Court that was to take up the petition was dissolved in November last year after the government did not issue a notification to extend the tenure of two judges.
After the Supreme Court took up the matter, the Law Ministry recently issued orders to extend the term of the judges.
The High Court will resume hearing on the petition against three-year extension to Kayani on January 31.
Col (Retd) Inamur Rahim has challenged the legality of the extension granted to Kayani in 2010. He has contended that Kayani can no longer hold the post of army chief as he had reached the age of retirement (60 years) on April 20 last year.
Rahim further contended that there is no provision in the Pakistan Army Act under which an extension of a full tenure, or three years, can be given to any person.
Rahim is the convener of the Ex-Servicemen Society and had served in the army`s Judge Advocate General Branch.
Islamabad High Court Chief Justice Iqbal Hameedur Rehman had dismissed a similar petition filed by Rahim in September last year on the ground that it was "not maintainable."
Rahim had then filed an intra-court appeal.
"Legally speaking, on reaching the age of superannuation, Gen Kayani is no more subject to the Pakistan Army Act ipso facto.
"Therefore, the court must interfere in the matter and pass orders for removal of Gen Kayani, besides directing the competent authority to appoint the senior most general as COAS (Chief of the Army Staff), in line with the principle of seniority which is the hallmark of the disciplinary forces," Rahim told the media.
Shortly after Rahim filed the petition challenging the extension given to Kayani, he was assaulted by unidentified men in Rawalpindi.
He accused the Military Intelligence of being behind the assault, saying it as an attempt to dissuade him from pursuing the case.
The military described his allegation as baseless.