A Pakistani court on Tuesday removed a former army officer as head of the telecom watchdog, describing the process of his selection as "illegal".
Retired Major General Hafeezur Rehman had been serving as chairman of the Pakistan Telecommunication Authority (PTA), but his appointment was challenged in the Islamabad High Court by digital rights activist Usama Khilji in 2023.
IHC Justice Babar Sattar issued the verdict after hearing the case, which had questioned the appointment of Rehman as PTA's member administration, who was later appointed as chairman.
The court said the creation of the post of Member (Administration), the framing of qualifications, and the manner in which the recruitment was carried out were flawed and "lacked integrity".
It observed that the selection committee's move to recommend a panel of three candidates for the post violated Rule 4(4) of the PTA Appointment Rules, which allowed for the recommendation of only one candidate.
The judgment said the federal government's decision to appoint the individual placed at the bottom of the merit panel had no reasoning or objective basis, and thus breached Section 24A of the General Clauses Act, 1897, which mandates that decisions must be just, fair and reasonable.
It further ruled that the appointment of Rehman as PTA Chairman, after he was appointed Member (Administration), was made "without any objective or transparent process" and without the government recording reasons for selecting him over other members, rendering the appointment "illegal, irrational and unsustainable in the eyes of law".
Concluding his verdict, the judge said since the entire process of Rehman's appointment as Member (Administration) and as PTA Chairman was found to "suffer from malice in law being the product of an unconstitutional and illegal recruitment process, he shall cease to hold such appointments and shall immediately relinquish charge for such offices".
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The court also ordered that the senior-most serving PTA member would temporarily assume the charge of the office of PTA chairman till the time that the federal government appointed a regular chairman.
Retired Major General Hafeezur Rehman had been serving as chairman of the Pakistan Telecommunication Authority (PTA), but his appointment was challenged in the Islamabad High Court by digital rights activist Usama Khilji in 2023.
IHC Justice Babar Sattar issued the verdict after hearing the case, which had questioned the appointment of Rehman as PTA's member administration, who was later appointed as chairman.
The court said the creation of the post of Member (Administration), the framing of qualifications, and the manner in which the recruitment was carried out were flawed and "lacked integrity".
It observed that the selection committee's move to recommend a panel of three candidates for the post violated Rule 4(4) of the PTA Appointment Rules, which allowed for the recommendation of only one candidate.
The judgment said the federal government's decision to appoint the individual placed at the bottom of the merit panel had no reasoning or objective basis, and thus breached Section 24A of the General Clauses Act, 1897, which mandates that decisions must be just, fair and reasonable.
It further ruled that the appointment of Rehman as PTA Chairman, after he was appointed Member (Administration), was made "without any objective or transparent process" and without the government recording reasons for selecting him over other members, rendering the appointment "illegal, irrational and unsustainable in the eyes of law".
Concluding his verdict, the judge said since the entire process of Rehman's appointment as Member (Administration) and as PTA Chairman was found to "suffer from malice in law being the product of an unconstitutional and illegal recruitment process, he shall cease to hold such appointments and shall immediately relinquish charge for such offices".
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