Islamabad High Court (IHC) division bench on Thursday suspended an earlier order of the removal of retired Major General Hafeezur Rehman from the post of Pakistan Telecommunication Authority’s (PTA) chairperson. The bench, comprising Justices Muhammad Asif and Inaam Ameen Minhas, took up Rehman’s intra-court appeal against the ruling issued by Justice Babar Sattar on Tuesday, which had ordered the PTA chief’s removal over his “illegal” appointment to the position. 

In his order, on a plea filed by digital rights activist Usama Khilji in 2023, Justice Sattar had declared the creation of the post of member (administration) in the PTA and the subsequent appointment of Rehman as PTA chairman “unconstitutional, illegal and void ab initio”. The decision, however, was challenged by Rehman hours after it was announced. 

Today, Advocate Qasim Wadud appeared as the counsel for the PTA chairman, while Additional Attorney General (AAG) Salman Mansoor also presented his arguments.  At the outset of the hearing, Mansoor contended that “relief which was not even sought in the petition had been granted” in the earlier order.  “Neither were the rules challenged nor was a notice issued to the attorney general. Issuing a notice to the attorney general was necessary,” he said. 

The AAG further argued that a request not sought in a petition could not be considered under Article 199 (jurisdiction of high court) of the Constitution.  “The court itself stated that the entire argument was not complete yet,” Mansoor said.  Addressing the PTA chairman’s lawyer, Justice Asif remarked, “You were even given enough opportunity.” 

Wadud then came to the rostrum and said, “It was questioned in the writ petition that the appointment as PTA chairman cannot be made [as] the vacancy was wrongly advertised.  “The rules had been changed and the [federal] cabinet had given the approval, following which the appointment was made,” he contended.  “The rules had been amended on March 25, [2023], after which the petition was filed,” the counsel added. Recruitment process ‘suffered fr¬om malice in law’ 

Credit: Independent News Pakistan (INP)