- IHC Bench suspends Justice Babar Sattar’s order.
- Two-members IHC bench heard intra-tourt-anbringder.
- Attorney Qasim is shown as adviser to PTA chairman.
Islamabad: In a fresh development, Islamabad High Court (IHC) Thursday on Thursday, the single-bone-righteousness Babar Sattar’s order, which had removed Pakistan Telecommunication Authority (PTA) President General General General General General (Ret) Hafez Ur Rehman from his submission.
A two-member division bench consisting of Justice’s Muhammad Asif and Inaam Ameen Minhas heard the Intra Court Appeals filed by the federal government, PTA and the removed chairman.
Attorney Qasim Wadud appeared on behalf of retired Major General Hafeez Ur Rehman in court.
During the case, PTA’s Attorney General Salman Mansoor raised serious procedural objections to the previous decision.
“The single -bending decision gave relief that was not even sought in the petition,” Mansoor told the court.
“The rules for removing the PTA chairman were not contested either, nor was a legal notice issued to the lawyer before the order,” he argued.
PTA’s lawyer also maintained that the judgment violated the principles laid down in Article 199 of the Constitution.
“There is no relief to something that is not sought in the petition,” he claimed.
.”Even [the] The Court acknowledged that arguments were not completed when the verdict was reserved, ”he said.
He also argued that two petitions had been filed which contained objections, but the bench reserved judgment without hearing these objections.
“[The] The court reserved the verdict on a day when some of the lawyer was on leave, ”he maintained.
On which one, Justice Muhammad Asif said, “You got ample opportunity to argue for your case.”
After hearing arguments, the court suspended Babar Sattar’s decision and reintroduced Hafeez Ur Rehman as PTA chairman.
The 99-page judgment handed down by Justice Babar Sattar contains provisions on the appointment of the head of the legislative authority’s head on a temporary basis.
In his judgment, justice declared Sattar that the appointment of the PTA chairman was not legally valid, adding that a senior member of PTA should be appointed chairman temporarily.
The court noted that the recruitment process for the position “lacked integrity” and suffered from “Malafide in the law”.
“The subsequent steps taken by the federal government to fill the position of member (administration) under the intended advertising are not sustainable in the eyes of the law and has no legal effect,” reads the verdict.
IHC’s single member of IHC stated that the entire building of processes and decisions built on an “illegal foundation” must crumble over such a “illegal foundation”.
As the advertising and recruitment process conducted suffered from evil in the law, all subsequent decisions are in the pursuit of such a process, including the appointment of the PTA chairman, illegal and without legal effect, added it.
The court was informed that Rehman was appointed a member (administration) and then to PTA chairman under the dependence of the petition. While IHC in its order issued in 2023 had already noted that any appointment made under the advertisement would remain subject to the result of the petition.
