A Pakistani court on Thursday reserved its judgement on a petition challenging the unprecedented three-year extension given to army chief Gen Ashfaq Parvez Kayani by the government.
A two-judge bench of the Islamabad high court reserved its verdict after hearing arguments by Col
(retired) Inamur Rahim, who has challenging the legality of the extension granted to Kayani in 2010.
The judges noted that the extension was announced by the government in November 2010 while Rahim had filed his petition in September 2012.
The bench asked Rahim why he had waited almost two years before challenging the extension.
Rahim said under the Army Act, a person could not stay in uniform after he turned 60. He said he had waited till Kayani turned 60 before he filed his petition.
The bench that was hearing 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.
Rahim 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.
He further contended that there is no provision in the Army Act under which an extension of a full tenure, or three years, can be given to any person.
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 then filed an intra-court appeal.
Rahim is the convener of the ex-Servicemen Society and had served in the army's judge advocate general branch.
Shortly after Rahim filed his petition, he was assaulted by unidentified men in Rawalpindi. He accused the Military Intelligence for the assault, saying it as an attempt to dissuade him from pursuing the case.
The military described his allegation as baseless.