November 30, 2007	Friday	Ziqa’ad 19, 1428

KARACHI, Nov 29: A confidential air crash inquiry report was submitted in a sealed cover to the Sindh High Court on Thursday. The court asked its registrar to keep it in safe custody without unsealing it till further orders.

A copy of the report was sent to the SHC registrar by the Ministry of Defence in compliance of a court order. The order for production was passed by Justice Nadeem Azhar Siddiqui on an application moved by plaintiff Dr Naheed Fatima whose husband, Dr Altaf Husain, assistant professor and head of the psychiatry department, Bahawal Victoria Hospital, Bahawalpur, was killed in the PIA Fokker crash during take-off at the Multan airport on July 10, 2006, along with 34 other passengers, including two Lahore High Court judges.

The plaintiff sued the Pakistan International Airlines and the Civil Aviation Authority for damages amounting to Rs 154 million for financial loss, mental agony and deprivation of parental care on behalf of her three children and her own behalf. She submitted through Advocate Nasir Maqsood that the defendant organisation were responsible for the accident because of their gross negligence in ensuring flight safety. The defendants failed to ensure the airworthiness of the Fokker aircraft, which were subsequently withdrawn, and the maintenance and upkeep of the Lahore-bound plane that blew up in the air soon after taking off at the airport at Multan.

By a subsequent application, the plaintiff sought to substantiate her allegations from the inquiry conducted by the Civil Aviation Authority into the crash. She claimed that the findings would prove negligence on the defendants’ part. The CAA counsel said the inquiry was mainly conducted to streamline the working of the organisations and agencies involved in air safety. The report was confidential and had to be handed over to the ministry of defence for further action. It was for the ministry to produce or withhold it.

Justice N. A. Siddiqui directed the ministry on Nov 2 to submit the report on Nov 29 and also summoned its additional secretary to explain non-compliance with an earlier order. Deputy Attorney-General Rizwan Ahmed Siddiqui informed the judge on Thursday that a copy of the report had been received by the court nazir. As requested by the DAG, the court condoned the non-appearance of the additional secretary in view of the substantial compliance.

The court declined a request by the plaintiff’s counsel for delivery of the report or its study and examination by him. Justice Siddiqui said he would go through the report first to ascertain whether it contained classified or confidential information and really helped in adjudicating the damages suit being heard by him.

The next date would be fixed by the office.