Justice Kayani Warns PM May Be Summoned in PTA Tribunal Case

Islamabad High Court Justice Mohsin Akhtar Kayani, on his final day at the IHC before transfer, issued a sharp warning that Prime Minister Shehbaz Sharif could be summoned in person if the federal government fails to complete a key appointment in the Telecommunications Appellate Tribunal by May 18.

The matter relates to the vacant position of finance member in the tribunal, a post considered important for the effective functioning of the appellate forum. During the hearing in Islamabad, Justice Kayani expressed dissatisfaction over repeated delays and indicated that the court would seek a direct explanation from the highest level of government if the vacancy remained unresolved.

The court also directed the cabinet secretary and the law secretary to appear at the next hearing, signalling that the bench wanted senior federal officials to explain the administrative hurdles. The order came after the government again sought more time, informing the court that the appointment summary had been returned after objections were raised.

Justice Kayani’s remarks gained wider attention because they were made only hours before the Judicial Commission of Pakistan transferred him from the Islamabad High Court. The timing of the order and the transfer added political and legal weight to an already sensitive issue involving judicial oversight, executive delays and institutional accountability.

During the proceedings, the judge also questioned the tendency to place retired judges in tribunal positions, observing that repeated reliance on retired judicial officers had not always strengthened such institutions. His comments reflected a broader concern that tribunals should be staffed through transparent and timely appointments rather than prolonged administrative adjustments.

The Telecommunications Appellate Tribunal was created under the Telecommunications Appellate Tribunal Act, 2024, and formally notified in September 2024. However, the continued absence of its finance member has raised questions about the government’s ability to operationalise specialist forums that are meant to handle regulatory and commercial disputes in a fast-changing digital economy.

The case has arrived at a time when judicial transfers from the Islamabad High Court are already drawing scrutiny from lawyers’ bodies and political observers. Bar representatives have argued that such movements must be transparent, consistent and free from any impression of selective treatment, especially when judges are hearing matters involving powerful state institutions.

For Pakistan, the issue goes beyond one tribunal appointment. Delays in filling statutory posts can slow dispute resolution, weaken regulatory confidence and affect sectors such as telecom, digital services and investment, where companies depend on predictable legal forums to challenge decisions and protect commercial interests.

The next key date is May 18, when the court will review whether the government has appointed the finance member. If the vacancy remains unresolved, the matter could escalate further, with the prime minister and senior officials potentially required to explain why the appointment process has not been completed.