IHC suspends Sattar's order on PTA chief

A division bench issued the order after an initial hearing on three intra-court appeals filed by the PTA

Chairman Pakistan Telecommunication Authority Major General (retd) Hafeez ur Rehman. Photo: File

ISLAMABAD:

The Islamabad High Court (IHC) has suspended Justice Babar Sattar's order removing Major General (retd) Hafeezur Rehman as Pakistan Telecommunication Authority (PTA) chairman, temporarily restoring him to the post.

A division bench comprising Justice Muhammad Asif and Justice Inaam Ameen Minhas issued the order on Thursday after an initial hearing on three intra-court appeals filed by the PTA, the federal government, and the ousted PTA chairman.

PTA's counsel Salman Mansoor argued that before removing the chairman, neither the rules were challenged nor was a notice issued to the AGP, which was mandatory.

He claimed that relief not even sought in the petition was granted, whereas under Article 199 of the Constitution, the court cannot decide matters not specifically pleaded.

He said the court itself noted that arguments had not yet been completed, and two applications raising objections were also pending, but the decision was reserved without addressing them.

The counsel further submitted that when lawyers were on leave, the court reserved judgment, and then exercised suo motu powers to remove the PTA chairman.

Rehman's counsel Qasim Wadood argued that the petition had questioned his appointment as a PTA member and claimed the post was wrongly advertised, whereas rules had been amended with the federal cabinet approval before his appointment.

In support of the federal government's intra-court appeal, Additional Attorney General Rashid Hafeez told the bench that the position had attracted 64 applicants nationwide, of whom 24 qualified.

He said the eligibility criteria were strictly followed, and no candidate had challenged the process. The rules, he said, were amended with federal cabinet approval before the post was advertised.

After hearing the arguments, the bench accepted the miscellaneous application seeking suspension of the single bench's verdict. It also issued notice to petitioner Usama Khilji and adjourned further proceedings.

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