The Islamabad High Court (IHC) division bench has suspended an earlier order that directed the removal of the Pakistan Telecommunication Authority (PTA) chairman, retired Major General Hafeezur Rehman. The development provides temporary relief to the official as the matter undergoes further legal scrutiny.
Suspension of Justice Sattar’s Order
The suspension came after an intra-court appeal was filed by Hafeezur Rehman against a single-bench decision issued earlier in the week. The original order, authored by Justice Babar Sattar, had declared his appointment as “unconstitutional, illegal, and void ab initio.”
The division bench, comprising Justice Muhammad Asif and Justice Inaam Ameen Minhas, heard arguments from both sides before deciding to put the removal on hold.
Arguments from the Government and the PTA Chairman
During the hearing, Additional Attorney General (AAG) Salman Mansoor argued that the earlier order had granted relief beyond what was requested in the petition. He emphasized that neither the PTA rules were directly challenged, nor had a notice been issued to the attorney general’s office, which he considered necessary under the law.
Furthermore, Mansoor contended that under Article 199 of the Constitution, the court could not grant relief not specifically sought by the petitioner. He also highlighted that the original hearing was not concluded before the ruling was announced.
Representing the PTA chairman, Advocate Qasim Wadud argued that the appointment process had been carried out after amendments to the PTA Appointment Rules were approved by the federal cabinet. According to him, the vacancy was properly advertised after changes to the rules, and the process followed government procedures.
Original Judgment Highlighted “Malice in Law”
Justice Babar Sattar’s earlier ruling had examined the timeline of events leading to the appointment. The judgment pointed out that the advertisement for the PTA chairman’s post was issued in March 2023, at a time when no such position formally existed in law. Although rules were later amended in May 2023, the court held that this did not validate the recruitment process.
The judgment further observed that the process appeared designed to favor a specific individual. The decision to set a higher age limit of 61 years for the PTA chairman, compared with 57 years for other members, was cited as evidence of possible bias.
Justice Sattar concluded that the recruitment process “suffered from malice in law” and was not transparent. He declared the appointment “illegal, irrational, and unsustainable.”
Interim Arrangement Ordered Earlier
The single-bench ruling had directed that the senior-most serving PTA member should temporarily take charge as chairman until a permanent appointment was made by the federal government. However, this directive now stands suspended following the division bench’s intervention.
The suspension of the order does not conclude the matter. Instead, it opens the way for detailed hearings where both the legality of the appointment process and the scope of judicial authority will be examined. The outcome will have significant implications for governance, transparency, and the regulation of Pakistan’s rapidly evolving telecommunications sector.
