By Staff Reporter
ISLAMABAD: An Islamabad High Court bench on Thursday suspended a ruling ordering the removal of retired Major-General Hafeezur Rehman as chairman of the Pakistan Telecommunication Authority (PTA), granting him interim relief in a legal dispute over his appointment’s legality.
The bench, comprising Justices Muhammad Asif and Inaam Ameen Minhas, heard Rehman’s intra-court appeal against a Tuesday decision by Justice Babar Sattar, who had declared the appointment “unconstitutional, illegal and void ab initio” following a 2023 petition by digital rights activist Usama Khilji.
Justice Sattar’s order found that the creation of a Member (Administration) post in the PTA, followed by Rehman’s elevation to chairman, violated legal protocols. The court noted that a March 28, 2023, advertisement for the position was issued when no such role existed. Amendments to the PTA Appointment Rules in May 2023 failed to rectify the process, it said.
The ruling described the recruitment as tainted by “malice in law” and tailored to favor a specific candidate, citing a 61-year age limit for the chairman’s post—higher than the 57-year cap for other PTA members, as evidence of malafide intent. It deemed Rehman’s appointment, lacking transparent selection, “illegal, irrational and unsustainable” and ordered the senior-most serving PTA member to assume the role temporarily until a regular chairman is appointed.
Rehman challenged the decision hours after its announcement, securing Thursday’s hearing.
Advocate Qasim Wadud represented Rehman, while Additional Attorney General Salman Mansoor argued for the government.
Mansoor contended that Justice Sattar’s order granted relief beyond the petition’s scope. “Neither were the rules challenged nor was a notice issued to the attorney general. Issuing a notice to the attorney general was necessary.”
He argued that under Article 199 of Pakistan’s Constitution, courts cannot entertain requests not raised in petitions. “The court itself stated that the entire argument was not complete yet.”
Wadud countered that the petition challenged the appointment on grounds of a wrongly advertised vacancy. “The rules had been changed and the [federal] cabinet had given the approval, following which the appointment was made.” He noted the rules were amended on March 25, 2023, before the petition was filed.
The suspension allows Rehman to remain in office pending further hearings. The case highlights scrutiny over appointments in Pakistan’s regulatory bodies, particularly those involving former military officers in civilian roles.
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