LAHORE: The federal government on Monday told the Lahore High Court that retired Gen Ziauddin Butt had no proof to establish his appointment as chief of army staff in 1999, therefore, he could not seek post-retirement benefits of a retired army chief.

Mr Butt filed a petition seeking release of his post-retirement benefits and to declare his removal by then army chief retired Gen Pervez Musharraf as illegal.

During the course of hearing on Monday, deputy attorney general Khawar Farooq stated the petition of Butt was not maintainable.

He argued that the petitioner had no evidence on record to show that then president Rafiq Tarar had appointed him as COAS. Neither the petitioner presented a notification of his appointment as four-star general, he said.

The law officer requested the court to dismiss the petition of Mr Butt for being non maintainable.

Justice Ijazul Ahsan adjourned hearing for next three weeks and asked the counsel for the petitioner and the government to come up with more arguments.

Mr Butt, in his petition, submitted that then president Rafiq Tarar had on Oct 12, 1999, appointed him as chief of army staff on the recommendation of then prime minister Nawaz Sharif.

He said soon after his appointment, he along with the PM was detained by armed troops inside the prime minister house and later put into solitary confinement for two years.

He pleaded that being holder of a constitutional post, he could not be ousted except in accordance with law and could not be sacked from service by a usurper (Musharraf).

He said his right to the grant of pension had also been snatched without providing him an opportunity of hearing.

The petitioner requested the court to declare his removal illegal and order the authorities concerned to release his properties and the post-retirement benefits.

ICA DISMISSED: A Lahore High Court division bench on Monday dismissed an intra court appeal (ICA) challenging a single bench’s order that allowed auction of four units of Ittefaq Group to adjust Rs3 billion loans.

Ilyas Meraj, a member of the ruling Sharif family, had challenged the auction saying it was in violation of the Companies Ordinance.

The bench comprising Justice Ayesha A Malik and Justice Shezada Mazhar dismissed the appeal and observed that the appellant failed to establish his share in Ittefaq group.

A single bench had accepted a joint petition moved by a consortium of eight banks seeking sale of Ittefaq Foundries, Brothers Steel at Kot Lakhpat, Ittefaq Brothers at Shahdara and Ilyas Enterprises on Bund Road.

These units were surrendered by the Sharif family against bank liabilities for loan adjustment. The banks had sanctioned a collective loan to Ittefaq group from 1982 to 1998.

FRESH NOTICES: The Lahore High Court issued fresh notices to the Election Commission, the National Accountability Bureau, the Federal Investigation Agency, the Federal Board of Revenue and other respondents on a petition seeking enforcement of Articles 62 and 63 of the Constitution on candidates for local government elections.

Advocate Azhar Siddique filed this petition questioning unavailability of a mechanism to filter convicts, loan and tax defaulters, fake degree holders and dual nationals in scrutiny process for the LG polls.

He sought a direction for the ECP to make sure that Articles 62 and 63 were applied to the candidates for the upcoming polls.

The lawyer also requested the court to direct the federal government to explain as to what instructions, if any, had been issued to returning officers for determining a candidate’s eligibility.