IHC warns PM may be summoned over PTA tribunal appointment delay

by Rachel Morgan News Editor

The Islamabad High Court (IHC) has issued a warning to Prime Minister Shehbaz Sharif, stating he may be summoned if a Member Finance is not appointed to the Pakistan Telecommunication Authority (PTA) tribunal by May 18.

Court Demands Accountability for Vacant Post

During the proceedings, Justice Mohsin Akhtar Kayani addressed the issue of the non-appointment, asserting that the prime minister should appear to explain the delay.

In addition to the Prime Minister, the court has ordered Cabinet Secretary Kamran Ali Afzal and Law Secretary Raja Naeem Akbar to appear before the court.

Did You Know? The Telecommunication Appellate Tribunal was established under the Establishment of Telecommunication Appellate Tribunal Act, 2024, which amended the Prevention of Electronic Crimes Act, 2016, and the Pakistan Telecommunication (Re-organisation) Act, 1996.

The Role of the Telecommunication Appellate Tribunal

The tribunal is a statutory body designed to act as the primary appellate forum for regulatory disputes related to telecommunications and cyber issues.

From Instagram — related to Justice Kayani, The Telecommunication Appellate Tribunal

Its core objective is to provide a specialized and expert forum that can resolve these regulatory disputes more quickly than standard channels.

The body is composed of three specific roles: a chairperson who is a senior advocate or former high court judge, a technical expert in ICT or related fields, and a finance expert with relevant professional experience.

Expert Insight: This case highlights a critical tension between the legislative intent for “specialized” expertise and the executive’s tendency to rely on retired judicial figures. Justice Kayani’s frustration suggests that the effectiveness of such tribunals may be compromised when professional expertise is sidelined in favor of judicial seniority.

Judicial Criticism of Retired Judge Appointments

The Assistant Attorney General informed the court that a retired judge had already been appointed as a member of the tribunal. This revelation prompted strong criticism from Justice Kayani regarding the practice of placing retired judges in such positions.

Justice Kayani remarked that such appointments have “caused more damage,” suggesting that retired judges are overly interested in joining tribunals.

The judge further commented on the nature of these appointments, stating, “At night, they remember the salutes and do not let others sleep,” and noting that some are appointed to the NRC while others go to different tribunals.

Potential Next Steps

If the appointment of the Member Finance is not finalized by the May 18 deadline, the Prime Minister could be formally summoned to explain the government’s inaction.

Potential Next Steps
Member Finance The Islamabad High Court Prime Minister

The appearances of the Law Secretary and Cabinet Secretary may provide further clarity on the administrative hurdles causing the delay.

Frequently Asked Questions

What is the deadline for the appointment of the Member Finance?

The Islamabad High Court has set a deadline of May 18 for the appointment to be made.

Who is required to appear before the court?

The court has ordered Law Secretary Raja Naeem Akbar and Cabinet Secretary Kamran Ali Afzal to appear, and warned that Prime Minister Shehbaz Sharif may be summoned.

What is the purpose of the Telecommunication Appellate Tribunal?

It is designed to serve as a specialized, faster, and expert primary appellate forum for telecom and cyber-related regulatory disputes.

Do you believe specialized tribunals are more effective when staffed by technical experts rather than retired judges?

PM Shehbaz Sharif Summoned Over Non-Appointment of PTA Tribunal Finance Member

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