The bench observed that before passing any final order it would leave it to the government to revisit its decision of permitting Bhoja Air’s operation. — Photo by Reuters

PESHAWAR: Taking serious notice of Friday’s Bhoja Air plane crash, the Peshawar High Court ordered the federal government on Wednesday to immediately suspend the director general of Civil Aviation Authority and also issued contempt of court notice to him and the federal defence secretary for having failed to comply with its orders about conducting safety audits of all passenger aircraft of PIA and private airlines.

A bench comprising Chief Justice Dost Mohammad Khan and Justice Mian Fasihul Mulk directed the two officials to appear in person on May 30, the next date of hearing, and explain in writing why a final show-cause notice should not be issued to them and why they should not be prosecuted for committing contempt of court.

The court also issued show-cause notices to the Bhoja Air management, including its managing director, and the licensing authority asking why the airline’s operations on national and international routes should not be suspended when it was not capable of operating commercial flights.

The bench observed that before passing any final order it would leave it to the government to revisit its decision of permitting Bhoja Air’s operation.

The chief justice observed that had the court’s order been implemented the Bhoja crash could have been averted and precious lives saved.

Legal representative of the CAA Ubaidur Rehman Abbasi told newsmen that the authority would challenge the high court’s order before the Supreme Court.

Advocate Afnan Kareem Kundi, representing the ministry of defence, said it was up to the defence secretary to decide whether or not to file an appeal.

The court was hearing a petition filed by former MNA Marvi Memon and some family members of the passengers who were killed in the July 2010 Airblue plane crash which had left 152 people dead.

The court observed that the minister for defence should consider and evaluate his own responsibility because two big tragedies had taken place during his tenure. When he failed to deliver on this important position it was for him to decide to quit or not, the court said.

The court ordered that the CAA chief should remain under suspension till the inquiry by foreign experts as directed by the court is completed regarding the Airblue plane crash and a similar inquiry carried out and completed in Bhoja Air crash.

It also ordered that for complying with international protocol and SOPs, international experts be immediately hired and it should be the responsibility of the federal government to carry out a comprehensive inquiry and examination of all planes in the PIA fleet, its navigation system including radars, aeronautical equipment, captain and crewmembers’ capability, store, spare parts, air traffic control system at each airport.

The court said that examination should also be conducted about other navigation system, particularly meant to detect the hostile weather conditions posing potential threat to air navigation, give early warning to flying aircraft for taking safety measures well in time to avert similar tragedy in future.

“Any further delay in the above process if again committed by the government or its functionaries it will tentatively constitute a criminal liability and they will be responsible for same and shall be booked by police or FIA as the case may be.”

The bench observed that it had passed a very clear and comprehensive order on Jan 19, 2012, wherein some aspects of the case were discussed. It added that the court had ordered an investigation into the crash by international experts because the earlier inquiry in that regard was not only found deficient and inconclusive by the court but also by the expert who had produced the same.

The court had rejected that inquiry report and ordered fresh investigation with the direction that it should be carried out by an independent international expert.

Another aspect which the court had discussed was about measures to safeguard and protect life of citizens in future and to thwart recurrence of a similar tragedy and had directed the government/CAA to adopt measures for the same.

Marvi Memon and her counsel Umer Farooq Adam contended that the government had turned a blind eye to clear directives of the court in its orders of Jan 19 and Feb 21. They said the government had been using delaying tactics which was a major cause of the recent Bhoja Air tragedy.

The CAA’s legal representative contended that the authority had not concealed any facts from the court and if given a chance it was ready to place the audio transcripts of Airblue investigation. He said the CAA had an intelligent and competent team to check all aircraft.

He said the present DG of CAA had joined this post in April and had constantly been pursuing the issue so as to fully implement the court’s order.

Advocate Afnan Kundi contended that the ministry of defence had sent a letter to the CAA on Feb 15 for complying with the court’s order and subsequently an official of the authority had communicated with the ICAO. He said the government might not be held responsible for the delay because the ICAO was carrying out some restructuring.

Airblue compensation: The bench gave 20 days to the Airblue management to pay compensation to legal heirs of all 152 victims of the crash.

It ordered that if the compensation was not paid in the given period and no convincing reason was shown then Airblue’s flying and other operations should be suspended till compensation was paid to all affected families.

A representative of Airblue informed that it had paid Rs5.5 million to 107 families whereas the rest could not produce succession certificates.

The court directed that those families should be made conditional payment through cross-cheques and indemnity bond be obtained from them so that if anyone else put a claim to Airblue the said money could be recovered from them.

Bhoja licence issue: The court observed that they had come across many intriguing features during deliberations on Wednesday about the way Bhoja Air was given permission to operate but it was not appropriate to discuss it in the absence of any representative of Bhoja Air and those in government who appeared to be suspect in the under-table bargain.

The court put Bhoja Air on notice and observed that the government functionaries holding high positions would be put on notice after the court held its own inquiry through its inquiry wing and was satisfied about the allegations made against them.