Kayani’s tenure extension challenged in Peshawar high court
By ANIWednesday, July 28, 2010
PESHAWAR - Pakistan Prime Minister Yousuf Raza Gilani’s decision to extend the tenure of Army Chief General Ashfaq Kayani has been challenged in the Peshawar High Court (PHC).
A journalist-cum-lawyer, Shahid Orakzai, filed a writ petition under Article 199 of the Constitution, and requested the PHC to declare the move “ultra vires the constitution”.
The petitioner said that through the 18th Amendment, Article 46 of the constitution was amended, under which the Prime Minister shall only “keep the President informed on all matters of internal and foreign policy”.
He said that under Article 243(3), the President was bound to make military appointments on the advice of the Prime Minister, but there was no room to double the tenure of any of the four officers - the COAS, naval and air force chiefs, as well as the Joint Chiefs of Staff Committee Chairman, The Daily Times reports.
Orakzai claimed that the decision of Kayani’s extension was questionable, as it could adversely affect the maintenance of discipline among members of the armed forces, as emphasised in Article 8 of the constitution. (ANI)
