A division bench of the Islamabad High Court (IHC), consisting of Justice Muhammad Asif and Justice Raja Inaam Ameen Minhas, on Thursday temporarily reinstated Hafeezur Rehman as Chairman of the Pakistan Telecommunication Authority (PTA), suspending an earlier ruling by Justice Babar Sattar that had declared his appointment unconstitutional.
According to media reports, the bench issued the order following an initial hearing of three intra-court appeals filed by PTA, the federal government, and Rehman himself.
During the proceedings, PTA’s counsel, Salman Mansoor, argued that the original ruling failed to challenge the relevant rules and did not properly notify the attorney general. He also raised concerns over the timing of the ruling, which coincided with a day when lawyers were on leave.
Mansoor claimed the relief granted by the single bench was not requested in the petition, which he argued violated Article 199 of the Constitution.
In response, Qasim Wadood, representing PTA Chairman Hafeezur Rehman, defended the recruitment process, stating that it adhered to cabinet-approved rules and amendments to the PTA Appointment Rules. He explained that the position was properly advertised in line with the changes.
Additionally, Rashid Hafeez, Additional Attorney General, informed the court that 64 candidates applied for the chairman’s post, with 24 qualifying. He emphasized that no candidate had challenged the recruitment process and that all required amendments had been made with cabinet approval.
Following the hearing, the bench issued notices to petitioner Usama Khilji regarding the intra-court appeals and adjourned further proceedings. The court also accepted a miscellaneous application seeking the suspension of Justice Sattar’s judgment, temporarily restoring Rehman as PTA Chairman until further orders.
The original ruling by Justice Sattar had declared the creation of the post of member (administration) and Rehman’s subsequent appointment as chairman as unconstitutional.
The judgment had criticized the government’s authority to create the post without amending the Pakistan Telecommunication (Re-Organisation) Act, 1996. It also questioned the transparency of the recruitment process, citing an unusually high age limit for the position of member (administration).
Justice Sattar’s ruling had directed the immediate removal of Rehman from both positions, instructing the senior-most PTA member to assume the role of acting chairman until a new appointment was made.
However, the ruling was quickly challenged through intra-court appeals, arguing that the appointment followed established procedures and that Rehman’s removal had caused administrative disruptions within the PTA.
