Court ousts Pakistan telecom authority head over unlawful appointment

A Pakistani court has struck down the appointment of Major General (Retd) Hafeez ur Rehman as chairman of the Pakistan Telecommunication Authority (PTA), ordering his immediate removal in a decision seen as a major precedent for governance of the telecom sector.

Justice Babar Sattar of the Islamabad High Court (IHC) delivered the 99-page judgment in response to a petition filed by digital rights activist Usama Khilji, who challenged a March 29, 2023 advertisement for the post of PTA Member (Administration).

The court ruled that the recruitment process violated the Pakistan Telecommunication (Re-organization) Act, 1996, and the PTA Appointment Rules, 2013. It further directed the federal government to appoint the senior-most PTA member as interim chairman and to suspend recruitment initiated under the disputed advertisement.

At the center of the controversy was the post of Member (Administration), which had been advertised even before it was formally created under PTA Rules notified on May 4, 2023. On the same day, Rehman was appointed both as Member and as Chairman - while Khilji’s petition remained pending.

The petitioner’s counsel, Asad Ladha, argued that the entire process was mala fide, citing irregularities such as the relaxation of the age limit from 57 to 61 years, the prolonged vacancy of the Member (Technical) position, and Rehman’s lack of a relevant Master’s degree.

Over multiple hearings between May 2023 and August 2025, the federal government defended its decision through Additional Attorney Generals Munawar Iqbal Duggal and Rashid Hafeez, arguing that the recruitment was consistent with cabinet approvals granted in March 2023. Rehman’s legal team, led by Barrister Qasim Wadud and Wasi Ullah Khan, countered that Khilji lacked legal standing under Article 199 of the Constitution, invoking the 26th Amendment to support their case.

The court rejected these defenses, declaring the appointment ultra vires. Justice Sattar observed that bypassing established procedures undermined transparency and created overlapping administrative powers under Sections 3(8) and 3(9) of the Act, raising the risk of decision-making deadlocks. He also cited a 2013 Lahore High Court judgment that underscored the importance of clear rules in PTA appointments.

Reserved on August 20 and announced in September, the ruling not only removes the sitting PTA chairman but also calls for reforms to ensure that future appointments follow transparent and lawful processes.