ISLAMABAD: The Islamabad High Court (IHC) division bench on Thursday suspended the single-bench order that had removed Pakistan Telecommunication Authority (PTA) Chairman Major General (retd) Hafeez Ur Rehman from his post.
A two-member division bench comprising Justices Muhammad Asif and Inaam Ameen Minhas heard the intra-court appeals filed by the federal government, the PTA, and the removed chairman.
Advocate Qasim Wadud appeared on behalf of retired Major General Hafeez Ur Rehman before the court.
During the proceedings, PTA’s counsel Advocate Salman Mansoor raised serious procedural objections to the earlier ruling.
“[The] single-bench decision granted relief that wasn’t even sought in the petition,” Mansoor told the court.
“Neither were the rules governing the removal of the PTA chairman challenged, nor was a legal notice issued to the Attorney General before the order,” he argued.
PTA’s counsel further maintained that the judgment 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 contended.
.“Even [the] court acknowledged that arguments were not completed when the judgment was reserved,” he said.
He further argued that two petitions containing objections had been filed, but the bench reserved judgment without hearing those objections.
“[The] court reserved the verdict on a day when some of the counsel were on leave,” he maintained.
At which, Justice Muhammad Asif said: “You were given ample opportunity to argue your case.”
After hearing arguments, the court suspended Babar Sattar’s ruling and reinstated Hafeez Ur Rehman as PTA chairman.
The 99-page judgement issued by Justice Babar Sattar, provides for the appointment of the head of regulatory authority’s head on temporary basis.
In his verdict, Justice Sattar stated the appointment of the PTA chairman was not legally valid, adding that a senior member of the PTA should be appointed as the chairman temporarily.
The court observed that the recruitment process for the post “lacked integrity” and suffered from “malafide in law”.
“The subsequent steps taken by the federal government in filling the post of Member (Administration) pursuant to the impugned advertisement are not sustainable in the eyes of law and are of no legal effect,” read the judgment.
The single-member bench of the IHC stated that the entire edifice of processes and decisions built on an “illegal foundation” must crumble upon such “illegal foundation”.
As the advertisement and the process of recruitment undertaken suffered from malice in law, all subsequent decisions in pursuit of such process, including the appointment of the PTA chairman, are illegal and of no legal effect, it added.