The Islamabad High Court (IHC) on Thursday suspended the single bench’s ruling that had removed Pakistan Telecommunication Authority (PTA) Chairman Major General (retd) Hafeezur Rehman from office, reinstating him until further proceedings.
Hearing of appeal
The case was heard by a two-member bench comprising Justice Muhammad Asif and Justice Inam Amin Minhas.
Representing the PTA chairman, lawyers Qasim Wadood and Salman Mansoor appeared before the bench, while the additional attorney general was also present.
Lawyers argue over legal process
During the proceedings, Salman Mansoor argued that relief had been granted even though the petitioner had not requested it. He emphasized that the rules were not challenged in the petition, nor was the attorney general given notice, which he said was a legal requirement.
“What is not requested in the petition cannot be considered under Article 199,” the PTA lawyer contended, adding that the single bench itself admitted that the discussion was “not yet complete.”
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Justice Muhammad Asif inquired whether the PTA had been given sufficient opportunity to present its case, to which Mansoor maintained that due process had not been followed.
Reinstatement of PTA chairman
Following arguments, the two-member bench suspended the earlier decision and restored Maj Gen (retd) Hafeezur Rehman as PTA chairman.
Qasim Wadood, counsel for Hafeezur Rehman, also raised the issue of opposition to his client’s initial appointment as a PTA member. He remarked that the petition argued the vacancy had been incorrectly advertised.
Debate on rules and appointment process
The petitioner’s stance was that changes to the PTA appointment rules had not been properly considered.
In response, the PTA’s counsel maintained that the rules were amended on March 25, after which the petition was filed. He further clarified that Hafeezur Rehman’s appointment was made with the approval of the federal cabinet and in line with the revised rules.
On Sept 16, the IHC had ordered the immediate removal of the PTA chairman, ruling that his appointment was not made in accordance with the law. Justice Babar Sattar had announced the decision while issuing a reserved judgement spanning 99 pages.
The court had accepted a petition challenging PTA Chairman Major General (r) Hafeezur Rehman's appointment, observing that the selection process was flawed and did not meet legal requirements.
In its ruling, the IHC had declared the appointment “not legally valid” and directed that the chairman be removed from office without delay.
