IHC suspends single bench order, restores PTA chairman

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 Muhammad Asif and Justice Inam Amin Minhas, took up an appeal filed by Hafeezur Rehman against IHC Judge Justice Babar Sattar’s ruling that had directed his removal from the post earlier this week.

During the hearing, PTA chairman’s counsel Qasim Wadood argued that the single bench had granted relief not even sought in the petition. He submitted that neither the rules governing the appointment were challenged nor was notice issued to the Attorney General for Pakistan, which he maintained was a legal requirement.

Additional Attorney General (AAG) Salman Mansoor endorsed the argument, pointing out that under Article 199 of the Constitution, the high court could not rule on matters not specifically raised in the petition. He further noted that Justice Sattar himself had acknowledged the discussion on the issue was incomplete.

Justice Asif, however, remarked that sufficient opportunity had already been given to all parties. Counsel Wadood maintained that the petition filed by citizen Usama Khilji had questioned the very basis of the chairman’s appointment, alleging that the vacancy had been wrongly advertised.

The lawyer informed the bench that the PTA Appointment Rules had been amended and approved by the federal cabinet on March 25, prior to the appointment of the chairman. He insisted that the amendments validated the process.

After hearing arguments, the division bench suspended the single bench order and restored Hafeezur Rehman to his position.

Earlier, in a detailed 99-page judgment, Justice Babar Sattar had held that the appointment of Maj-Gen (retd) Hafeezur Rehman was legally invalid since the rules at the time of the advertisement did not provide for the newly created position. The court had ruled that subsequent amendments could not retroactively validate the recruitment process, and had directed his immediate removal while instructing that a senior PTA member be appointed acting chairman until a permanent appointment was made.