Were even one per cent of our politicians to be statesmen, we would at least have hope.

MNA Sherry Rahman of the PPPP has filed suit 899/03 in the High Court of Sindh against the Federation of Pakistan through the ministry of communications, the trustees of the port of Karachi, Pakistan National Shipping Corporation, and the Federal Environmental Protection Agency.

Plaintiff Rahman's submissions, inter alia, are that all the defendants have failed to discharge their statutory duties, are guilty of negligence, have colluded in a cover-up, and so on and so forth, and are collectively held guilty and responsible for the grounding of the tanker, Tasman Spirit, at the entrance to Karachi harbour, the resultant oil spill, the environmental disaster, the spoliation of Karachi's beaches, the damage to the conservation of marine life, the losses suffered by the fishing industry, and the discomfort and ill-health caused to those who dwell in the vicinity of the shores of the Arabian Sea.

The Plaintiff prays : "It is therefore respectfully prayed that this Honourable Court may be pleased : A) to pass a judgment and decree against the Defendants for award of damages in the sum of Rupees ten billion. B) to declare that the Defendants have been jointly or severally negligent in the performance of their duties. C) to grant an injunction directing the Defendants to take all necessary steps to protect the environment and the marine life and to ensure that the city of Karachi and its coastline is kept free from pollution. D) to grant such other relief as this Honourable Court may deem fit and proper. E) to award costs of the suit."

The suit was filed in court by a non-marine expert, Barrister Kamal Azfar, and if our press reports are to be believed, the plaintiff has been joined by Habibuddin Junedi, Muzaffar Shugra, former KMC administrator Fahimuzzaman Khan, Mirza Javed Beg, and Muzahir Ahmed (who believe it or not has been described as 'one of the few surviving lieutenants of the Quaid-i-Azam').

Reportedly, advocates Saadat Yar Khan and Wazeer Hussain Khoso have also filed an application on behalf of secretary-general of the Tehrik-i-Insaf, Doctor Arif Alvi, former chairman of the Korangi Industrial Association Farhan-ur-Rahman, chairman Baba Corporation Omer Abul Hasan and Doctor Awwab Alvi, all of whom feel that they "have a lot to bring to the knowledge of the court" with respect to this public interest litigation.

The preliminary hearing is fixed for August 25 before Justice Shabbir Ahmad. Rumour has it that the hope is that the government of the day will be so embarrassed that it will quake in its shoes.

The tanker Tasman Spirit is owned by Asimina Maritime Limited of Valetta, Malta; the operators are Polembros Shipping Limited ; the port of registry is Valetta ; the captain, Karystinos Demetrios, is now in custody at Karachi, at a hotel as 'a national guest'. Our press insists on referring to the tanker as being Greek; she is owned by a Maltese company and registered in Malta. All her classification certificates and other relevant certificates are in order and she was declared tight, staunch and true to carry a cargo of 67,532 metric tons of Iranian light crude oil bound for the Pakistan Refinery at Karachi.

She was voyage chartered by the Pakistan National Shipping Corporation, using the charter party form ASBATANKVOY. The charter party clauses and addenda thereto adequately cover the interests of the charterer, the cargo, and the environment.

The vessel arrived at the anchorage at Karachi at 1230 hours on July 26. The pilot boarded the vessel at 1100 hours on July 27. (For the information of the layman, even when a pilot is on board, it is the Master of the vessel who is responsible for its safety and cargo at all stages and in all circumstances.) While entering the harbour, at 1245 hours the vessel ran aground. At 1300 hours all concerned, including the chairman of the PNSC Vice Admiral Tauqir Hussain Naqvi, chairman of the port trust vice-admiral Ahmad Hayat, were informed. They met at the Control Tower at the end of the groyne at 1315 hours from where the grounded vessel was clearly visible.

Many competent men who have been professionally involved with and dealt with maritime matters and shipping for a large part of their lives have closely followed the grounding of the Tasman Spirit and the subsequent unfortunate events, and have been in close touch with the officials concerned. They can confirm that as far as the two naval officers and gentlemen are concerned (together with their subordinates) no charges of negligence or incompetence or indecision or tardiness or dereliction of duty can in any way be justly levelled.

Credit is due also to the owners and operators of the vessel who acted immediately, in conformation with all maritime customs, rules and regulations. They found a tanker, Endeavour II, in which to accommodate the stricken vessel's cargo, dispatched her, and she arrived in Karachi harbour at 1000 hours on the morning of July 31.

They also signed a Lloyds Open Form of Salvage with a salvage company, incorporating the Scopic Clause, and the salvage master arrived at Karachi at 0430 hours on August 1. The salvor's tug, Umka, arrived in the night of August 2-3. Endeavour II was found unsuitable to go alongside Tasman Spirit, and the salvor's managed to find a suitable smaller tanker, Fair Jolly, which arrived at Karachi at 1330 hours on August 5.

As required by the laws of Pakistan (Ordinance No. L II of 3 October 2001 Section 471, Preliminary Enquiry into Shipping Casualties) the enquiry into the Tasman Spirit incident is under way and is being conducted by acting principal officer of the mercantile marine department, Captain Salim Baloch.

As for the pollution and the status of international conventions, Pakistan has signed and ratified ORPC 90, but has not signed or ratified the other two conventions, CLC 92 and FUND 92. All maritime nations worth their name (including India) have signed all three of these important conventions. And that is the responsibility of Islamabad.

The legal phrase 'perils of the sea' could be applicable. It imports, inter alia, a loss that arises from some irresistible force, or from an inevitable accident, or some overwhelming power which cannot be guarded against by the ordinary exertions of human skill and prudence, which cannot be avoided by the exercise of any reasonable skill or diligence at the time when it occurred.