Impartiality

Section 3(4) of Pakistan Telecommunication (Re-organization) Act, 1996 provided that a person to be considered for appointment as a Member of PTA must not even have a hint of conflict between his private interest and the interest of the institution/PTA (public interest)

Said section provided that a Member of PTA should not have any business connection with any person, which rendered telecommunication services in Pakistan or abroad

In a case of "conflict of interest" what needed to be seen was whether the Member, PTA, had any direct or indirect financial interest or business connection with any person, any establishment or firm which rendered telecommunication services in Pakistan or abroad or supplied telecommunication equipment to any telecommunication sector in Pakistan or abroad

Actual influence of the interest on the decision-making of the Member was not relevant

Concept (of conflict of interest) was akin to "automatic disqualification for bias" and was rooted in perception and appearance rather than the actual influence based on empirical data on the decision making of the regulator

"Explanation" provided under S.3(4) of Pakistan Telecommunication (Re-organization) Act, 1996 brought under its fold even the involvement of a spouse or blood relation of any Member with any telecommunication establishment

Such statutory pre-condition for a Member to be unbiased, insular, unconnected and impartial actually defined the character of the public institution

Fundamental to any effective regulatory institution was its fierce and unflinching independence, neutrality and detachment from the players it was set out to regulate

Effective and neutral umpirage by the regulator provided fair competition and a level playing field in the market and it was only with such backbone of independence that PTA could successfully watch the interests of users of telecommunication services by making decisions that were prompt, non-discriminatory, equitable, consistent and transparent.