Extension amendment of forces chiefs against Constitution and Esta Code – Hashmat Habib warns

By Nasir Mahmood

The Amendment bill for extension/ re-employment of Chiefs of three forces are yet to be approved by parliament but the increase in superannuation age will open flood gate of litigations even by servicemen and bureaucracy. Supreme Court Senior Advocate Hashmat Habib, President Tehreek-e-Tahaffuz-e-Adlia disclosed. 

He said that as per general information superannuation age of these Chiefs of 3 Armed forces is going to make 64 years which could not be fixed without Constitutional amendment. However, it is against Esta Code and settled legal position by Superior Courts.

Hashmat Habib added that Government is again committing a blunder by way of increasing age of superannuation through an Act of parliament which is not permissible. The retiring age of High Court Judges is 62 years while retirement age of Supreme Court judge is 65 years which is determined by the constitution, therefore it is not questioned yet.

The armed forces are subordinate office of Ministry of Defence therefore all government employees, uniform persons and re-employed persons even on contract can challenge it. And in presence of Supreme Court precedents it is likely that age of 64 of three Chiefs of forces would be struck down.

Therefore this joke and futile exercise may not be repeated. The senior lawyer said Constitution has guaranteed all citizens of equal treatment so to reward any person for his favour present regime should avoid it.

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