A two-member bench of the Islamabad High Court (IHC) on Thursday suspended Justice Babar Sattar’s order removing Pakistan Telecommunication Authority (PTA) Chairman Maj. Gen. Hafeezur Rehman (ret.) from his post.
Justices Muhammad Asif and Inaam Ameen Minhas issued the ruling on intra-court appeals filed by the federal government, the PTA, and Rehman.
During the proceedings, PTA’s counsel argued Justice Sattar’s rulings contained serious procedural issues. “The single-bench decision granted relief that wasn’t even sought in the petition,” he argued, adding the petition had also not challenged rules governing the removal of the PTA chairman, nor was a legal notice issued to the Attorney General of Pakistan before the order.
The judgment, argued the PTA counsel, had violated the principles laid out in Article 199 of the Constitution. “Relief cannot be granted for something that is not sought in the petition,” he said, noting the judgment had acknowledged that arguments were not completed when it was reserved. However, the bench noted the PTA was provided sufficient time for arguments.
After hearing all arguments, the court suspended Justice Sattar’s ruling and reinstated Hafeezur Rehman as PTA chairman.
Earlier ruling
In his 99-page judgement, Justice Sattar had ruled that the appointment of the PTA chairman was not legally valid, and directed the government to appoint a senior member of the PTA as temporary chairman.
The ruling had observed that the recruitment process for the post “lacked integrity” and suffered from “malafide in law.” It had stated that the advertisement and the process of recruitment suffered from malice in law, adding all subsequent decisions in pursuit of such process were illegal and of no legal effect.
During proceedings, Justice Sattar was informed that Rehman was appointed as Member (Administration) and subsequently as PTA chairman.