The Islamabad High Court (IHC) has 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 verdict in a 99-page judgment, ruling that the federal government had deliberately manipulated procedures and amended rules to accommodate a pre-selected candidate in violation of constitutional requirements for merit, fairness, and transparency.
The case originated from a petition filed by digital rights activist Usama Khilji, who challenged the government’s sudden creation of the post of Member (Administration) within the PTA and the subsequent elevation of Hafeez Ur Rehman to the chairmanship. After months of hearings, the court concluded that the entire process was designed to benefit a specific individual rather than fulfill the institutional needs of the telecom regulator.
According to the judgment, the government advertised the Member (Administration) post even before formally amending the rules, raising concerns about transparency and due process. Soon afterward, the maximum age limit for eligibility was increased from 57 to 61 years, aligning exactly with the profile of the preferred candidate. Justice Sattar described these changes as mala fide in law, stating that the federal government had breached its constitutional duty by tailoring the eligibility criteria to induct a pre-identified individual. He emphasized that such actions not only undermine public trust but also compromise the autonomy of regulatory institutions.
The ruling further noted that the Pakistan Telecommunication Re-Organization Act of 1996 requires the PTA to consist of an odd number of members to avoid decision-making deadlocks. By creating the additional post of Member (Administration), the government introduced an even number of members, which directly contradicted the law. The court also highlighted that Hafeez Ur Rehman was appointed as both Member (Administration) and Chairman on the very same day, sidestepping the independent, merit-based process mandated for selecting the head of the authority. This, the judgment concluded, amounted to a violation of the law and an abuse of executive power.
The IHC ordered that Hafeez Ur Rehman be immediately removed from office and directed that the senior-most member of the PTA assume the role of acting chairman until a lawful appointment process is carried out. Justice Sattar underscored that all future appointments must strictly comply with the Telecom Act and be based on fairness, transparency, and merit rather than political favoritism. He warned that manipulative appointments erode public trust and jeopardize fundamental rights, including privacy, access to information, and freedom of expression.
In the detailed ruling, the court stressed that appointments to public office must stem from transparent procedures, noting that any deviation undermines institutional integrity and violates the constitutional guarantee of equal protection under the law. Legal experts have described the judgment as a landmark in strengthening accountability within Pakistan’s regulatory landscape. The PTA, which regulates telecommunications, internet access, and data privacy, has long been at the center of debates on censorship and digital rights, making the ruling particularly significant.
A senior constitutional lawyer remarked that the decision sets an important precedent, reinforcing that even the discretionary powers of the Prime Minister must operate within the limits of law and cannot be used to bypass transparency. Observers expect the ruling to influence future reforms in how appointments are made to key regulatory bodies, especially those with sensitive mandates related to communications and data governance.
By exposing how eligibility criteria were manipulated to suit one candidate, the IHC has spotlighted the urgent need for safeguards against executive overreach in regulatory institutions. The judgment is being seen as a cautionary signal for future governments that regulatory autonomy and adherence to the rule of law are essential for democratic governance.
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