IHC division bench too rejects petition

Elevation of COAS as Field Marshal

Zubair Qureshi

Islamabad–A two-member bench of the Islamabad High Court (IHC) on Monday dismissed a petition that called for elevation of the Chief of the Army Staff Gen Raheel Sharif as Field Marshal of Pakistan.
Justice Athar Minallah and Justice Miangul Hasan Aurangzeb were the members of the bench that turned down the petition by a Rawalpinid-based lawyer Sardar Adnan Saleem Khan Mazari through his counsel Raja Saimul Haq Satti advocate. The petitioner had cited the federal government through Secretary Cabinet Division, Prime Minister of Pakistan and secretary defense as respondents.
Earlier on October 21, a single bench of the IHC comprising Justice Aamer Farooq had turned down the same plea. The petitioner had challenged the single decision however, on Monday he was once again shown the door by the court terming the petition non-maintainable.
The division bench upheld the single bench decision that said there was no post like Field Marshal in the Constitution of Pakistan. Moreover, a court cannot direct legislature to form new law.
The petitioner had pleaded that General Raheel Sharif may be elevated to the rank of Field Marshal for rendering services to protect national security and safeguarding the frontiers of Pakistan in accordance with the national action plan (NAP) and successful operation Zarb-e-Azb in an effective and efficient manner.
He had adopted that the exemplary, outstanding and professional performance during peace and wartime with total dedication and devotion by our present Chief of Army Staff (COAS) needs national appreciation, award and recognition. He contended that in our Constitution there is no mention of tenure/period of a COAS.
General Raheel Sharif has provided visionary leadership to the people of Pakistan as well as security forces by setting an example as a role model for others and giving new direction and hope to the nation in consonance with the constitutional frontiers of Pakistan, submitted the petitioner.
According to the petitioner, Gen Sharif successfully carried out Operation Zarb-e-Azb by countering the extremist designs of terrorist organizations with proactive and prudent approach and the same is still going on and yet to be complete.

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