IHC Orders Immediate Removal of PTA Chairman Over Illegal Appointment

The Islamabad High Court (IHC) on Tuesday declared the appointment of Major General (R) Hafeez Ur Rehman as Chairman of the Pakistan Telecommunication Authority (PTA) unlawful and ordered his immediate removal. Justice Babar Sattar announced the decision in a 99-page judgment, concluding that the federal government manipulated rules and procedures to accommodate a pre-selected candidate, in direct violation of constitutional principles of merit and transparency.

The case stemmed from a petition filed by digital rights activist Usama Khilji, who challenged the sudden creation of the post of Member (Administration) within the PTA and the subsequent elevation of Hafeez Ur Rehman to the top position. After months of hearings, the court found that the entire appointment process was deliberately tailored to benefit a specific individual rather than meet the institutional needs of the regulatory body.

Rules Amended to Fit Candidate

The judgment revealed that the federal government issued an advertisement for the new Member (Administration) position before the rules were even formally amended, undermining transparency and due process. Soon after, the upper age limit for eligibility was raised from 57 to 61 years to precisely match the profile of the preferred candidate.

Justice Sattar described these actions as mala fide in law, writing in the verdict that “the Federal Government breached its constitutional duty by tailoring eligibility criteria to induct a pre-identified individual, undermining both public trust and institutional autonomy.”

The court also highlighted that the Telecom Act requires the PTA to consist of an odd number of members to avoid decision-making deadlocks. By adding this new position, the government created an even number of members, directly contradicting the Act.

In an even more striking observation, the judgment noted that Hafeez Ur Rehman was appointed as both Member (Administration) and Chairman of the PTA on the very same day, bypassing the independent, merit-based process required for the chairmanship. This, the court ruled, was a clear breach of law and an abuse of executive authority.

Court Orders Temporary Arrangement

The IHC has ordered the immediate removal of Hafeez Ur Rehman from his position and directed that the senior-most PTA member take over as acting Chairman until a lawful appointment process is completed. The judgment stressed that all future appointments must comply strictly with the Pakistan Telecommunication Re-Organization Act of 1996, and be based on fairness and merit rather than political favoritism.

Justice Babar Sattar underscored the constitutional importance of regulatory independence, warning that manipulative appointments erode public trust and undermine citizens’ fundamental rights, including privacy, access to information, and freedom of expression.

“Appointments to public offices must stem from transparent and fair procedures. Any deviation erodes institutional integrity and breaches the constitutional principle of equal protection under the law,” the ruling stated.

Implications for Regulatory Governance

Legal experts view the decision as a landmark moment for accountability in Pakistan’s regulatory sector. The PTA, which plays a critical role in telecommunications, internet regulation, and data privacy, has been at the center of contentious debates over digital rights and censorship.

“This ruling sets a vital precedent that even the Prime Minister’s discretionary powers are bound by law and cannot be used to sidestep transparency,” remarked a senior constitutional lawyer.

The judgment is also expected to trigger reforms in how appointments are made to sensitive regulatory bodies. By exposing how eligibility criteria were manipulated to fit one individual, the IHC has placed a spotlight on the urgent need for institutional safeguards to prevent executive overreach.

This case now stands as a cautionary tale for future governments, reinforcing that regulatory autonomy and the rule of law are non-negotiable pillars for a democratic state.

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