IHC suspends Justice Sattar’s ruling, restores Hafeezur Rehman as PTA chairman

• Division bench takes up intra-court appeal, ruling ‘for now, retired Maj-Gen Rehman to continue as chairman pending final decision’
• AAG argues relief granted went beyond petition’s scope under Article 199
• Counsel insists PTA rules amended, cabinet approved process before appointment

ISLAMABAD: The Islamabad High Court (IHC) on Thursday suspended the single bench’s ruling directing the removal of retired Major-General Hafeezur Rehman from his post as chairperson of the Pakistan Telecommunication Authority (PTA), allowing him to continue working pending adjudication of the intra-court appeal.

The division bench, comprising Justices Muhammad Asif and Inaam Ameen Minhas, heard Rehman’s intra-court appeal against the ruling issued two days earlier by Justice Babar Sattar, who had declared the PTA chairman’s appointment “illegal” and directed his immediate removal.

Justice Sattar’s September 16 verdict, passed on a petition filed in 2023 by digital rights activist Usama Khilji, held that the creation of a PTA post for Member (Administration) and Rehman’s subsequent appointment as chairman were “unconstitutional, illegal and void ab initio.” The court had also ruled that the senior-most serving PTA member should temporarily assume charge until the federal government made a lawful appointment.

Rehman, however, challenged the decision within hours, leading to Thursday’s suspension of the earlier order.

During the proceedings, Advocate Qasim Wadud appeared as counsel for the PTA chairman, while Additional Attorney General (AAG) Salman Mansoor advanced arguments on behalf of the federal government.

At the outset, AAG Mansoor argued that Justice Sattar had granted relief “which was not even sought in the petition.” He maintained that neither the PTA Appointment Rules were challenged nor a notice issued to the attorney general, which, he insisted, was legally necessary. “A request not sought in a petition cannot be considered under Article 199 of the Constitution,” he contended, adding that even the single bench had acknowledged that arguments in the case were incomplete.

Responding, Justice Muhammad Asif told the PTA chairman’s counsel that “enough opportunity had already been given.”

Taking the rostrum, Advocate Wadud argued that the challenge to the chairman’s appointment was based on the advertisement for the vacancy, which petitioners claimed had been wrongly issued. He countered that the PTA rules had already been amended with the federal cabinet’s approval on March 25, 2023, after which the appointment was made. “The petition itself was filed after these amendments,” he stressed.

Following the arguments, the division bench suspended Justice Sattar’s earlier ruling, effectively allowing Rehman to continue as PTA chairman pending adjudication of the intra-court appeal.

In his detailed judgment, Justice Sattar had criticized the recruitment process, noting that the March 28, 2023, advertisement for the post was issued when no such position legally existed. He observed that later amendments to the PTA Appointment Rules in May 2023 were insufficient to retroactively validate the process, which he said “suffered from malice in law” and appeared tailored for a specific individual.

The single bench had also cited the unusual prescription of a higher age limit of 61 years for the chairmanship—compared to 57 years for other members—as evidence of mala fide intent.

For now, however, the PTA chairman retains his position until the division bench reaches a final decision on his appeal.