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

Date	Order with signature of Judge

22-02-2022

M/s Asif Ali Abdul Razak Soomro, Ghulam Dastagir Shahani, Rafique Ahmed Abro, Safdar Ali Ghouri and Javed Ahmed Soomro, advocates for the petitioners in C.P. No. D-922/2017.

Mr. Inayatullah G. Morio, advocate for Civil Aviation Authority a/w Kamran, Assistant Director, Civil Aviation Authority and M. Farooq Azhar, Joint Director (Legal), Civil Aviation Authority.

Mr. Imdad Ali Mashori, advocate in person in C.P. No. D-959/2017.

Mr. Bashir Ahmed Bhutto, DSM, P.I.A @ Sukkur.

Mr. Abdul Hamid Bhurgri, Additional Advocate General.

Mr. Muhammad Imran Abbasi, Assistant Attorney General.

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These petitions essentially assail the dormancy of the MohenjoDaroAirport, stated to be on account of the discriminatory neglect of the state. It is demonstrated that notwithstanding the presence of a national as well as several private airlines, the said airport remains shut down. The petitioners, being residents of the vicinity, claim violation of their fundamental rights;inter alia inclusive of those conferred per articles 15, 18, 25 and 28 of the Constitution.

Attention is drawn to the order dated 05.03.2019 whereby the requirement for flights upon secondary / socio economic routes, per the Aviation Policy in vogue, was recognized. Even though the order observed almost three years ago that the CAA is not implementing the said policy with respect to private airlines, however, it was admitted before us today, by the CAA, that no action has been taken by the regulator in such regard in the larger public interest.We, respectfully, express our inability to condone such apparently admitted abdication of duty.

We are also advised regarding the Tourism Promotion & Regional Integration ("TPRI") initiative, however, no justification is articulated as to why the world heritage site bastion of the Indus Valley Civilization has been ignored in such regard.

As apprehended by the petitioners, PIA has since abandoned its flight operations to MohenjoDaroAirport, however, no cogent justification was articulated in such regard today. Per petitioners' learned counsel, PIA is the national airline funded quite literally by the exchequer, however, it is abjuring its duty towards this region. Upon being queried the DSM PIA Sukkur remained unable to justify the policy to discontinue flight operations to MohenjoDaroAirport.

Per petitioners' learned counsel, a prima facie case of abdication of regulatory duty, discrimination and contempt of court is made out, inter alia especially in view contrary stance and representations contained in the para wise comments submitted by the respondents herein. However, we deem it just and proper to put the respondents on notice in such regard prior to proceeding further.

TheDirector Air Transport CAA is directed to file a written report, through the official present today, detailing: (1) the private airlines non-compliant with the Aviation Policy requirement to frequent secondary / socio economic routes; (2) the action taken there against by the CAA; (3) the measures taken to ensure adherence of the airlines with the Aviation Policy requirement to frequent secondary / socio economic routes; (4) the measures taken to include MohenjoDaroAirport in the TPRI initiative.

The PIA chief of flight operations shall submit a statement, through the DSM present today, detailing the reasons for cessation of flight operations to MohenjoDaroAirport notwithstanding the plea taken vide its para wise comments 14.12.2017. Per petitioners' counsel, the cessation of flights during pendency hereof and despite the contrary comments on record must incur liability for contempt of court for the concerned at PIA, however, we deem it prudent to eschew deliberation in such regard till the next date.

The order dated 05.03.2019 required the Director Air Transport CAA to be present on the subsequent date, however, the diary demonstrates his persistent absence. The order also contemplates the presence of the Chairman PIA in the event that the state institutions remained unable to perform their duties. We are sanguine that the officials present shall be enabled by their respective institutions to provide a meaningful solution / report prior to the next date, however, in the absence thereof we shall be constrained to invoke remedial measures, including those determined vide the earlier order.

Adjourned to 01.03.2022 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