ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
C. P No. D-922 of 2017
C.P. No. D-959 of 2017
C.P. No. D-146 of 2019
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Date |
Order with signature of Judge |
01-03-2022
M/s Asif Ali Abdul Razak Soomro, Ghulam Dastagir Shahani, Rafique Ahmed Abro, Safdar Ali Ghouri and Javed Ahmed Soomro, advocates for the petitioner in C.P. No. D-922/2017.
Mr. Imdad Ali Mashori, advocate/petitioner (in person) in C.P. No. D-959/2017.
Mr. Inayatullah G. Morio and Blosch A. Junejo, advocatesfor Civil Aviation Authority a/w Rashid Rasheed Zuberi, Sr. Additional Director, AT, National Regulation Director Air Transport & ER, Civil Aviation Authority, Aftab Asif Ali Khan, C.C.O / Airport Manager, C.A.A Moen-jo-Daro Airport, M. Kamran, Assistant Director (AT & ER), Civil Aviation Authority and M. Farooq Afzal, Joint Director (Legal), Civil Aviation Authority.
Mr. Riaz Hussain Khoso, advocate for respondent No.7.
Mr. Sarfraz Ahmed Abbasi, advocate for P.I.A.C a/wBashir Ahmed Junejo, District Sales Manager, P.I.A @ Sukkur Airport &Jawad Ahmed, P.I.A.
Mr. Abdul Hamid Bhurgri, Additional Advocate General.
Mr. Muhammad Imran Abbasi, Assistant Attorney General.
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1. The CAA has filed a report, taken on record and it is prima facie demonstrated therefrom that the private airlines, licensed to operate in Pakistan, remain in default of their obligation to conduct operations on socio-economic routes, per the National Aviation Policy 2019. It is submitted that the law mandates operations on socio-economic routes or in the alternative compensation to the national airline in such regard, however, neither facet of the law has been enforced thus far. While the authority admits the viability of MohenjoDaroAirport, it is admitted before us that the CAA has taken no action to remedy the aforementioned default, including without limitation suspension / cancellation of the licenses awarded, hence, has ostensibly abdicated its regulatory duty.
Abdication of regulatory duty is duly justiciable inter alia per the precepts of judicial review and it is just and proper for apportionment of liability to be undertaken in such regard and remedial measures enforced. However, Mr. M Farooq Afzal (Joint Director Legal CAA) articulated that concrete measures to enforce the law, with respect to operations on socio-economic routes, shall be implemented forthwith and a compliance report in such regard shall be submitted before the next date of hearing. In consideration of the said request, further proceedings in such regard are adjourned to the next date, when the requisite report shall be filed under the signature of the Director Air Transport CAA.
2. It is observed that while the law envisages compensation for failure to operate on socio-economic routes[1], however, the determination in such regard has not been undertaken by the Federal Government (Aviation Division) thus far. The Secretary Aviation Division (respondent no. 6 herein) is hereby put on notice to appraise this Court as to why such quantification and apportionment has not been done till date. The report shall be submitted under the signature of the Secretary Aviation on the next date and a focal person, conversant herewith, shall be deputed to attend the Court to assist with further proceedings in this regard.
3. At the time of institution of the lead petition, PIA was operating regular flights to MohenjoDaroAirport. In its reply (along with appended affidavits) dated 14.12.2017, PIA stated that its operations had been curtailed from five weekly flights to two on account of certain constraints, however, the full-fledged schedule was represented to be resumed shortly. The reply admitted that the resumption of the full flight schedule was required in view of the sizeable passenger demand. However, in abject violation of the representation made under oath to this Court PIA suspended its flight operation to MohenjoDaro Airport since 22.11.2018.
PIA's chief of flight operations was directed to submit a statement, per the order dated 22.02.2022, detailing the reasons for cessation of flight operations to MohenjoDaroAirport notwithstanding the plea taken vide its para wise comments 14.12.2017, however, he has failed to do so. Mr. Bashir Ahmed Junejo (DSM PIA) has filed a report, devoid of any cogent rationale or even the name of the person submitting it, admittedly without even having shown it to PIA's counsel. Notwithstanding the report being prima facie non-compliant with the earlier orders, it is also not been issued / signed by the person to whom the earlier order was addressed. The DSM remained unable to provide any reason for the flagrant disregard of orders of this Court and upon query remained unable to even provide the name of PIA's chief of flight operations.
In view hereof, Mr. S Asif Gilani (PIA's chief of flight operations) is directed to show cause as to why contempt of court proceedings may not be commenced there against. The office is instructed to issue the show cause notice to Mr. Gillani, who shall be present in court on the next date along with his sworn affidavit in response to the notice. The decision to frame charges, and/or initiate further proceedings with respect to PIA, shall be subject to the response submitted by the alleged contemnor.
4. Adjourned to 09.03.2022, at the request of Mr. M Farooq Afzal (Joint Director Legal CAA), and the officials present today shall remain in attendance. The reports directed to be filed in terms herein shall be filed prior to the next date of hearing, with an advance copy to the petitioners' counsel.The office is instructed to directly communicate copies hereof to the learned Assistant Attorney General, CAA, PIA and the Secretary Aviation Division for compliance.
Judge
Judge