PESHAWAR, Nov 12: The Peshawar High Court on Friday allowed an application for early hearing of a writ petition challenging the extension in tenure of the chief of the army staff (COAS).

A single bench comprising Chief Justice Ejaz Afzal Khan observed that the petition would be fixed for hearing after the Eid vacations.

The petition is filed by a freelance journalist, Shahid Orakzai, who contended that the prime minister had no authority to give extension to the army chief.

The petitioner filed the instant application stating that the petition was of importance and the court may order its early hearing. The petitioner stated that despite orders of the high court the respondent had so far not filed written comments in reply to the petition.

The respondent in the petition is the federal government through secretary defence, Ministry of Defence, Rawalpindi.

The respondent challenged the maintainability of the writ petition stating that the petitioner had no locus standi to file the petition as he was not an aggrieved person in terms of Article 199 of the Constitution.

The deputy attorney general, Muhammad Iqbal Mohmand, submitted written comments of the Ministry of Defence sent by the director general (legal), Col Sarfaraz. The assistant judge advocate general of Pakistan Army, Lt-Col Noor Ahmad, also filed an affidavit on behalf of the Ministry of Defence.

The deputy attorney general stated that the extension in the tenure of the COAS was given by the president on the advice of the prime minister.

The respondent in its comments stated that under Article 243 of the Constitution the president was empowered to appoint the services chiefs on the advice of the prime minister. In similar manner, it is added, the president had the powers to extend tenure of the COAS on the advice of the prime minister.

The respondent also stated that the under Article 199(3) of the Constitution the issues related to terms and conditions of a person related to armed forces could not be challenged before the high court.

It was added that the present COAS deserved the extension as his performance was outstanding.

Mr Orakzai questioned whether under the Constitution or any law relating to the members of the armed forces, the prime minister can extend the specified tenure of the COAS.

The petitioner stated that in an abrupt late night televised address on July 22 the prime minister announced an appeasing but illegal three-year extension in military service of the incumbent COAS commencing Nov 29, his tentative date of retirement.

The petitioner contended that under Article 243(3) of the Constitution, the president was bound to make military appointments on the advice of the prime minister but there was no room in that clause to double the tenure of any of the services chiefs.