The Sindh High Court (SHC) has directed the federal government to file its comments on a petition seeking a judicial review of the affairs of the national flag carrier for its failure in providing a safe environment to the public travelling by air.
The Public Interest Law Association of Pakistan (Pilap) submitted in their petition that the Pakistan International Airlines (PIA) and the Civil Aviation Authority (CAA) had through their mismanagement and corruption visibly destroyed the aviation industry of the country without any accountability or measure of responsibility towards the people.
Pilap’s counsel submitted that the right to commute was an inalienable right of every citizen being akin to the right to life and trade, so the PIA being the national flag carrier was obliged to render services because it was founded and funded by the state, so any failure in rendering services directly impinged upon the constitutional rights of every citizen.
The counsel submitted that the majority of the families of the victims of the May 22 PIA plane crash in Karachi were impecunious and of poor financial standing, with some of them having lost their sole breadwinners, but the legal heirs of the victims were neither in a position to procure costly legal remedies nor did they possess the requisite knowledge to challenge the actions of the respondents in a court of law.
He submitted that a judicial review of the affairs of the PIA and the CAA was required because they were primarily responsible for causing a loss of millions of rupees to the national exchequer besides the loss of lives and properties of hundreds of passengers.
He also submitted that the Aviation Division and the CAA had time and again turned a blind eye to the mismanagement and maladministration of the PIA, which was not only unlawful but also shameful for the country.
He further submitted that the PIA being a publicly owned company managing public funds had a duty to protect its assets, including its fleet, which was acquired from the taxpayers’ money, so in mismanaging its affairs and leading to devastating crashes, the PIA as well as the CAA had failed to safeguard the lives and properties of the citizens of Pakistan.
The counsel submitted that the CAA Bill 2016 had been enacted under which the Aviation Division had to establish a Safety & Accident Investigation Board in terms of Section 34 of the said bill, allowing for a more stringent and transparent investigation or scrutiny into the affairs of the PIA and possibly averting further incidents such as the Karachi crash.
He said that since the CAA Bill 2016 had been abandoned by the Aviation Division, no proper board or authority existed to carry out constant surveillance and regulation of the PIA in relation to its safety and accident investigation.
The court was requested to declare that the PIA and the CAA had failed to act diligently in accordance with the PIA Corporation (Conversion) Act 2016, the CAA Ordinance 1982 and the Civil Aviation Rules 1994 to provide the citizens of Pakistan safe, efficient, adequate, economical and properly coordinated civil air transport services and aviation activities.
The petitioner submitted that the private aircraft manufacturer and owners of the Airbus had breached their duty of care towards the victims of the PIA crash of flight PK-8303 and other passengers flying with the airline by negligently entrusting the airline with aircraft manufactured and owned by them and restraining them from selling or leasing their aircraft to the PIA.
They requested the SHC to direct the Aviation Division to apprise the court about the status of the Pakistan Civil Aviation Authority Bill 2016, with further appropriate directions towards its expeditious enactment by the National Assembly under the constitution.
They also requested the SHC to constitute a judicial commission with the mandate of placing before the court a determination on the mismanagement of the affairs of the PIA and its failure to operate and maintain commercial flight services as mandated by the PIA Corporation (Conversion) Act 2016, the CAA Ordinance 1982 and the Civil Aviation Rules 1994, with the order to the Aviation Division to place the final reports of all the accidents involving the PIA, including PK-8303, before the court.
They sought a declaration that the compensation cap of Rs5 million provided in Rule 21 of the Carriage by Air Act 2012 was discriminatory and ultra vires the constitution, with the order to the Aviation Division to review and revise the compensation limits under Rule 21 and other provisions relating to compensation under the Carriage by Air Act 2012 in line with the Montreal Convention for Unification of Certain Rules for International Carriage by Air 1999.
The federal law officer sought time to file comments on behalf of the Centre. An SHC division bench headed by Justice Mohammad Iqbal Kalhoro directed the counsel to file comments, and also issued notices to the PIA, the CAA and others for filing their comments on the next date of hearing.
