Islamabad High Court Declares PTA Chairman Appointment Unconstitutional

In a landmark decision, the Islamabad High Court (IHC) has declared the appointment of Major General (Retired) Hafeez ur Rehman as Chairman of the Pakistan Telecommunication Authority (PTA) unconstitutional and unlawful, mandating his immediate removal from the post.

Justice Babar Sattar delivered the comprehensive 99-page verdict on Monday, unequivocally stating that the creation of the “Member (Administration)” position within the PTA was outside the scope of the Telecom Act and established for ulterior motives. The court further invalidated amendments made to the PTA Appointment Rules, deeming them unconstitutional and in violation of the Telecom Act, as they were specifically tailored to facilitate this particular appointment.

The legal challenge was spearheaded by digital rights activist Usama Khilji, who brought to light the dubious establishment of the “Member (Administration)” role within the PTA. The court’s findings confirmed that this position was not only created unlawfully but also that its eligibility criteria were manipulated to favor a pre-chosen candidate.

The judgment sharply criticized the process, revealing that highly qualified individuals were overlooked, while Major General (R) Hafeez Ur Rehman, despite ranking lower in merit, was first appointed as Member (Administration) and then astonishingly elevated to Chairman PTA just one day later, bypassing any semblance of a transparent selection process.

The IHC lambasted the Federal Government for its failure to justify these procedural breaches and the absence of a comparative assessment of all PTA members prior to the Chairman’s appointment. The court sternly warned that such discretionary and arbitrary decisions severely erode transparency, fairness, and the fundamental principles of the rule of law.

Consequently, the court officially declared both the establishment of the “Member (Administration)” position and the subsequent appointment of Major General (R) Hafeez Ur Rehman as Chairman PTA to be entirely unlawful and devoid of any legal standing.

Looking ahead, the ruling also mandates that the federal government revise the PTA Appointment Rules. These amendments must clearly outline the qualifications and criteria for the Chairman’s position, aligning them with established Supreme Court precedents.

To ensure continuity, the court has ordered a senior member of the PTA to be appointed as acting chairman on a temporary basis, pending the selection of a permanent replacement. This significant ruling is widely anticipated to be challenged in the Supreme Court in the coming days.