The Islamabad High Court has declared the appointment of Pakistan Telecommunication Authority (PTA) Chairman Major General (Retired) Hafeez ur Rehman unconstitutional and unlawful, ordering his immediate removal from office.
Justice Babar Sattar, in a detailed 99-page verdict released Monday, ruled that the creation of the post of Member (Administration) was beyond the mandate of the Telecom Act and was introduced for extraneous reasons. The court held that amendments to the PTA Appointment Rules made to accommodate the appointment were invalid under the Constitution and the Telecom Act.
The case was filed by digital rights activist Usama Khilji, who challenged the creation of the post of “Member (Administration)” in PTA. The court found that the post was set up in violation of the law and that the eligibility criteria were altered to accommodate a pre-selected candidate.
The judgment highlighted that more qualified candidates were sidelined, and despite ranking lower in merit, Major General (R) Hafeez Ur Rehman was appointed first as Member (Administration) and then elevated to Chairman PTA the very next day, without any transparent process.
The IHC ruled that the Federal Government failed to justify why rules were bent and why no comparative assessment of all PTA members was carried out before appointing the Chairman. The court emphasized that such discretionary and arbitrary actions undermine transparency, fairness, and the rule of law.
As a result, the court has declared the creation of the “Member (Administration)” position, as well as the subsequent appointment of Major General (R) Hafeez Ur Rehman as Chairman PTA, to be unlawful and of no legal effect.
The ruling also directed the federal government to amend the PTA Appointment Rules to clearly define the qualifications and criteria for the position of chairman in line with previous Supreme Court precedents.
The court directed that a senior member of the PTA be temporarily appointed as acting chairman until a permanent replacement is decided.
The ruling is likely to be challenged in the Supreme Court in the coming days.