IHC suspends single-bench ruling, reinstates PTA chairman Hafeez Ur Rehman

• IHC bench suspends Justice Babar Sattar’s order.
• Two-member IHC bench heard intra-court pleas.
• Advocate Qasim appears as counsel for PTA chairman.

ISLAMABAD: In a fresh development, the Islamabad High Court (IHC) on Thursday suspended the single-bench Justice Babar Sattar’s order that had removed Pakistan Telecommunication Authority (PTA) Chairman Major General (retd) Hafeez Ur Rehman from his post.

A two-member division bench comprising Justice Mohsin Akhtar Kayani and Justice Inam Amin Minhas heard the intra-court appeals filed by the federal government, the PTA, and the removed chairman.

The 99-page judgement issued by Justice Babar Sattar, provides for the appointment of the head of regulatory authority’s head on temporary basis.

In his verdict, Justice Sattar stated the appointment of the PTA chairman was not legally valid, adding that a senior member of the PTA should be appointed as the chairman temporarily.

The court observed that the recruitment process for the post “lacked integrity” and suffered from “malafide in law”.

“The subsequent steps taken by the federal government in filling the post of Member (Administration) pursuant to the impugned advertisement are not sustainable in the eyes of law and are of no legal effect,” read the judgment.

The single-member bench of the IHC stated that the entire edifice of processes and decisions built on an “illegal foundation” must crumble upon such “illegal foundation”.

As the advertisement and the process of recruitment undertaken suffered from malice in law, all subsequent decisions in pursuit of such process, including the appointment of the PTA chairman, are illegal and of no legal effect, it added.

The court was informed that during the pendency of the petition, Rehman was appointed as Member (Administration) and subsequently as PTA chairman. While the IHC, in its order issued in 2023, had already noted that any appointment made pursuant to the advertisement would remain subject to the outcome of the petition.

 This is a developing story and is being updated accordingly