ISLAMABAD: A division bench of the Islamabad High Court (IHC) on Thursday suspended the earlier order of a single bench that had removed Maj-Gen (retd) Hafeezur Rehman from the post of Pakistan Telecommunication Authority (PTA) chairman, reinstating him to office.
The bench, comprising Justice Asif and Justice Inam Amin Minhas, heard the appeal filed by Rehman against IHC Judge Justice Babar Sattar’s order. Two days ago, Justice Sattar had directed the removal of the PTA chairman.
PTA Chairman’s counsel Qasim Wadood, Additional Attorney General (AAG) Salman Mansoor and others appeared before the court.
Wadood argued that Justice Sattar’s order granted relief not even sought in the petition. He contended that neither the rules were challenged nor a notice issued to the Attorney General for Pakistan, which he said was mandatory.
AAG Salman Mansoor added that under Article 199, the court cannot rule on matters not requested in the petition, pointing out that the court itself had acknowledged the discussion was incomplete.
Justice Muhammad Asif, however, observed that sufficient opportunity had already been given. Wadood maintained that the writ petition had questioned the PTA chairman’s appointment, claiming the vacancy had been wrongly advertised.
He informed the court that the rules had been amended and approved by the federal cabinet prior to the appointment. The rules were changed on March 25, after which the petition was filed, he said.
The IHC later suspended the single bench decision and restored Hafeezur Rehman as PTA chairman.
The petition was filed by citizen Usama Khilji, who had challenged a March 2023 advertisement for the newly created post of member (administration).
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In a 99-page judgment, the IHC ruled that the appointment of Maj-Gen (retd) Hafeezur Rehman as PTA chairman was not legally valid.
Justice Babar Sattar observed that at the time of the advertisement, the PTA Appointment Rules did not provide for such a position, and later amendments could not retroactively validate the recruitment process.
The court had directed his immediate removal from office and instructed that a senior member of the PTA be appointed as the acting chairman till the appointment of a permanent chairman.