The Islamabad High Court has declared the PTA chairman appointment unlawful, ordering the immediate removal of retired Major General Hafeezur Rehman from his position. Justice Babar Sattar issued the ruling on Tuesday, noting that the appointment process lacked transparency, fairness, and compliance with legal requirements.
Petition Sparks Judicial Review
The case originated from a 2023 petition filed by digital rights activist Usama Khilji. He challenged the appointment of PTA’s member (administration), a process that later led to Hafeezur Rehman’s elevation as chairman. The court admitted the petition, placing restrictions on the government’s recruitment process until a final decision was reached.
Although the government requested a stay order to proceed with hiring, the court partially accepted it. Recruitment was allowed to continue, but with the clear condition that all appointments would remain subject to the court’s final judgment.
Appointment Process Under Scrutiny
During hearings, it was revealed that Rehman had been appointed as member (administration) and soon after as chairman. Justice Sattar’s verdict highlighted severe flaws in the process.
He noted that the creation of the member (administration) post, the criteria for qualifications, and the recruitment procedure lacked integrity. The selection committee recommended three candidates, but under PTA rules, only one name should have been forwarded. The government’s decision to pick the candidate ranked lowest on the merit panel was deemed arbitrary and unjustified.
Violations of Law and Procedure
The court stressed that the government acted in violation of Rule 4(4) of the PTA Appointment Rules. Justice Sattar explained that the process was contrary to Section 24A of the General Clauses Act, which requires public authorities to act fairly, justly, and with proper reasoning.
He further ruled that appointing Rehman as PTA chairman without a transparent or objective process made the decision illegal and unsustainable in law. The federal government also failed to record reasons for selecting him over other serving members.
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Strong Observations from the Court
Justice Sattar’s judgment used strong language to describe the flawed process. He remarked that the “entire edifice” of decisions surrounding Rehman’s appointment collapsed because it was built on an unlawful foundation.
He emphasized that the advertisement for the post, the recruitment carried out under it, and all subsequent steps were tainted by “malice in law.” Therefore, Rehman’s appointment as both member (administration) and chairman was declared ultra vires, meaning beyond the powers of the government, and without legal effect.
Order for Immediate Removal
The court ordered Rehman to immediately relinquish his positions. Justice Sattar declared that since the appointments were unconstitutional and illegal, Rehman could no longer hold office.
To ensure continuity, the judge directed that the senior-most serving member of PTA should temporarily assume the role of chairman. This arrangement would remain in place until the federal government completed a lawful process to appoint a regular chairman.
Implications for Governance
The verdict carries significant implications for governance and regulatory institutions in Pakistan. It highlights how illegal appointments can undermine both transparency and public trust in key offices. By holding the government accountable, the court reinforced the principle that public appointments must follow strict legal standards.
The ruling also sets a precedent for future appointments within regulatory authorities. Any deviation from rules or manipulation of procedures can now be more easily challenged in court.
Government’s Response
Following the verdict, Rehman filed an urgent intra-court appeal. The government is expected to review its options and possibly defend its earlier decision. However, the strong language of the judgment leaves little room for justification.
Observers note that this case could become a benchmark for how judicial oversight addresses irregularities in government hiring practices.
Broader Context
The decision comes at a time when Pakistan’s regulatory bodies face scrutiny for their independence and effectiveness. The PTA, responsible for overseeing telecommunications, plays a central role in digital governance, internet regulation, and public access to communication services.
Ensuring that its leadership is appointed through lawful and transparent means is essential to maintaining credibility in the fast-evolving digital sector. The removal of Hafeezur Rehman signals the judiciary’s determination to enforce accountability at the highest levels of administration.
What Happens Next
The federal government now faces the task of appointing a new chairman through a lawful, transparent, and merit-based process. Until then, PTA’s operations will be overseen by its senior-most member.
This ruling sends a strong message that unlawful shortcuts in recruitment processes will not be tolerated. For activists, legal experts, and the wider public, the judgment strengthens confidence that judicial review remains a vital check on government decisions.
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