- Justice Babar Sattar issues 99-page judgement.
- IHC rules PTA chairman appointment “illegal”.
- Post’s recruitment process “lacked integrity”: IHC.
ISLAMABAD: The Islamabad High Court on Tuesday ordered the removal of Major General (retd) Hafeez Ur Rehman from his post as the chairman of the Pakistan Telecommunications Authority (PTA).
The 99-page judgement issued by Justice Babar Sattar, provides for the appointment of the head of regulatory authority’s head on temporary basis.
In his verdict, Justice Sattar stated the appointment of the PTA chairman was not legally valid, adding that a senior member of the PTA should be appointed as the chairman temporarily.
The court observed that the recruitment process for the post “lacked integrity” and suffered from “malafide in law”.
“The subsequent steps taken by the federal government in filling the post of Member (Administration) pursuant to the impugned advertisement are not sustainable in the eyes of law and are of no legal effect,” read the judgment.
The one-member bench of the IHC stated that the entire edifice of processes and decisions built on an “illegal foundation” must crumble upon such “illegal foundation”.
As the advertisement and the process of recruitment undertaken suffered from malice in law, all subsequent decisions in pursuit of such process, including the appointment of the PTA chairman, are illegal and of no legal effect, it added.
The court was informed that during the pendency of the petition, Rehman was appointed as Member (Administration) and subsequently as PTA chairman. While the IHC, in its order issued in 2023, had already noted that any appointment made pursuant to the advertisement would remain subject to the outcome of the petition.
During the course of proceedings, the petitioner stated that pursuant to Section 3 of the Telecom Act, three posts for members were created within the PTA.
The petitioner said that the cabinet had not created any additional post and the announcement of the induction of a new member was also in breach of the PTA Appointment Rules, which did not envisage the position of Member (Administration).
The lawyer argued that the announcement was therefore “ultra vires” the provisions of the Telecom Act and the PTA Appointment Rules.
“The advertisement for the appointment of Member (Administration) PTA was issued on 28/03/2023. At the said time, the PTA Appointment Rules did not provide for the post of Member (Administration),” he added.
He stated that subsequently, the PTA rules were amended and notified in the gazette on May 4, 2023.
After hearing arguments from all sides, the IHC reserved its verdict on August 20, 2025.
