The Islamabad High Court has ordered the removal of Pakistan Telecommunication Authority (PTA) Chairman Major General (Retired) Hafeez ur Rehman from his post.
A hearing was held in the Islamabad High Court on the petition filed by citizen Usama Khilji through Advocate Asad Ladha.
Justice Babar Sattar of the Islamabad High Court approved the request to remove PTA Chairman Major General (Retired) Hafeez ur Rehman from office.
The judge of the Islamabad High Court had reserved the verdict, which was issued today. Justice Babar Sattar wrote a 99-page decision.
This verdict was given by Justice Babar Sattar in the case filed in 2023 by digital rights activist Usama Khilji against the appointment of the Member (Administration) of PTA. podcast helen83
In the decision, the Islamabad High Court stated that the court had initially accepted the petition for hearing and instructed the government not to proceed with the appointment process.
Later, the government filed an appeal against this order, which was partially accepted. The court allowed the recruitment process to continue but made it clear that any appointment would be subject to the final decision of the case.
The court was informed that Major General (Retired) Hafeez ur Rehman was first appointed as Member (Administration) and then as Chairman PTA.
Justice Sattar wrote in his decision:
“The creation of the post of Member (Administration), determination of its eligibility criteria, and lack of transparency and legal validity in the recruitment process were evident.”
He further stated that the recommendation of a panel of 3 candidates by the Selection Committee was contrary to the rules, as under Rule 4(4) of the PTA Appointment Rules, only one candidate could be recommended.
The court ruling stated that the government’s decision to appoint the candidate who was at the bottom of the merit list from the recommended panel was devoid of any reasonable justification or legal basis. This was a violation of the responsibility imposed on the government under Section 24A of the General Clauses Act 1897, which obliges it to act fairly and reasonably.
The decision also stated that similarly, appointing him as Chairman PTA after making him Member (Administration), without any transparent and objective process and without recording any reason, was also illegal, illogical, and unsustainable in the eyes of the law.
The Islamabad High Court ruled that the steps taken by the federal government to fill the post of Member (Administration) have no legal status and bear no effect.
Justice Babar Sattar wrote in his judgment:
“Since this entire process was built on an illegal foundation, the entire structure based on it collapses. Therefore, the advertisement, the recruitment process, and all resulting appointments—including the appointment of Major General (Retired) Hafeez ur Rehman as Member (Administration) and Chairman PTA—are all illegal and void.”
The Islamabad High Court judge ordered that since Major General (Retired) Hafeez ur Rehman’s appointment was the result of an unconstitutional and illegal recruitment process, he should immediately vacate the post.
The court also ordered that the senior-most current member of PTA would temporarily assume the charge of Chairman until the federal government appoints a regular Chairman.
Chairman PTA Files Intra-Court Appeal Against Removal Decision
On the other hand, the Chairman PTA has filed an intra-court appeal against the Islamabad High Court’s decision to remove him from office.
The Chairman PTA filed the intra-court appeal under the Ordinance of 1972, in which the stance was taken that the appellant is currently the Chairman of the Pakistan Telecommunication Authority (PTA).
Chairman PTA was first appointed as Member (Administration) on May 24, 2023, and on May 25, 2023, he was appointed as Chairman PTA.
Chairman PTA Major General (Retired) Hafeez ur Rehman is performing his duties in accordance with the laws and regulations. This appeal has been filed to prove the legal appointment of the Chairman PTA.
