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 |
M/s 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. 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. Sarfraz Ahmed Abbasi, advocate for P.I.A.C a/w Bashir Ahmed Junejo, District Sales Manager, P.I.A.C @ Sukkur Airport &Jawad Ahmed, Chief Operating Officer, P.I.A.C, Syed Asif Gilani, Chief of Flight Operations, Syed Qamar Maqbool, G.M, Coordination and Fayyaz Ali Shah Masoomi, Manager, Legal, P.A.I.C
Mr. Liaquat Ali Shar, Additional Advocate General Sindh.
Mr. Muhammad Imran Abbasi, Assistant Attorney General.
Civil Aviation Authority
1. Mr. Rashid Rasheed Zuberi (Senior Additional Director Air Transport CAA) has intimated this Court that CAA is in the process of issuing notices to the airlines[1] for being in abject violation of the requirement to conduct operations on socio-economic routes and that the said notices shall be served within three days hereof. Further proceedings with respect to CAA are adjourned till the next date when a report, executed by the Director Air Transport CAA, shall be placed on record in pursuance of the undertaking provided and it shall also be specified as to the steps mapped out by CAA, including timeline thereof, for amelioration of default in the requisite conduct of operations on socio-economic routes.
Secretary Aviation Division
2. Vide order dated 01.03.2022, the Secretary Aviation Division was directed to appraise this Court as to why quantification and apportionment of compensation for failure to operate on socio-economic routes had not been done till date. The Secretary was directed to file a report, under his signature, in such regard and depute a conversant focal person to assist with further proceedings. Record denotes that the order of this Court was duly communicated, however, we are disappointed to observe that neither the report has been filed nor the focal person is in attendance.
In view hereof, Mr. Shoukat Ali (Secretary Aviation Division) is directed to show cause as to why contempt of court proceedings may not be commenced there against. The office is instructed to issue a show cause notice to Mr. Shoukat Ali, 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, shall be subject to the response submitted by the alleged contemnor.
PIA
3. Mr. S. Asif Gilani is present and has submitted a written unconditional apology in response to the Show Cause Notice issued thereto vide order dated 01.03.2022. He has also informed the Court that he has no nexus with the routes (socio-economic or otherwise) / flight operations of PIA and that the said responsibility vests with Mr. Syed Ali Tahir Qasim (Chief Commercial Officer). In view hereof, the notice issued to Mr. S. Asif Gilani is hereby discharged.
However, the issue remains thatat the time of institution of the lead petition, PIA was operating regular flights to Mohenjo Daro Airport. 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 Mohenjo Daro Airport since 22.11.2018.
We are informed that Mr. Syed Ali Tahir Qasim (Chief Commercial Officer PIA) shall be in attendance on the next date to personally address the prima facieviolation by PIA of its representation made under oath to this Court. We have also been requested by Mr. S. Asif Gilani to defer the issuance of show cause notice to Mr. Syed Ali Tahir Qasim (Chief Commercial Officer PIA) till the next date of hearing so as to provide PIA with a meaningful opportunity to mitigate its actions. In acquiesce to the request further proceedings with respect to Mr. Syed Ali Tahir Qasim / PIA are deferred till the next date of hearing.
4. Adjourned to 15.03.2022; the officials present today shall remain in attendance, however, the presence of Mr. S. Asif Gilani is dispensed with. 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 Deputy Attorney General, CAA, PIA and the Secretary Aviation Division for compliance.
Judge
Judge