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KARACHI, Oct 24: The Sindh High Court ordered on Friday attachment of the oil vessel brought by the Tasman Spirit owners to retrieve the grounded tanker’s consignment in a 102,599- million-rupee suit for damages instituted by the Karachi Port Trust.
Endeavour-II is already under arrest in an admiralty suit filed by insurance companies for recovery of Rs 883 million from the owners of the two ships. Justice Ataur Rahman, who has reserved his judgment on the admiralty suit, ordered the ship’s attachment in the KPT civil suit.
The office was directed to issue notices to the defendants for a date in office. The KPT was also joined as a pro forma defendant at its request in the admiralty proceedings.
Besides Tasman Spirit and Endeavour-II owners and masters, the KPT suit impleads the Pakistan National Shipping Corporation as a defendant. Holding the defendants responsible for the Tasman Spirit mishap and the resulting losses, it states that they are liable to pay damages not only for causing economic, ecological and consequential losses but also for prospective claims to be made by the Defence Housing Authority, the Karachi Shipyard and Engineering Works, the Environmental Protection Agency, the Pakistan Navy, the fishing industry and private individuals.
Like the admiralty suit, it claims that the mishap occurred due to negligence of the owners of ship and master and that Tasman Spirit and Endeavour-II were factually owned by the same company.
Unlike the former, however, it lists the PNSC among the defendants. It says that the PNSC was at fault in chartering a ship from a company “most of whose tankers are dilapidated”.
Claiming that the KPT acted promptly to contain the damage, the plaint alleged that the shipowners delayed the salvage measures. The first lighterage vessel (Endeavour-II) was too large and the belatedly-inducted “Fair Jolly” alone was inadequate for the job.
As a result of the oil spillage, the plaint stated, the navigational channel and the surrounding areas of the port were contaminated, resulting in colossal damage to fisheries, fauna and flora, mangroves and environment of a vast area. The KPT had to incur considerable expense to check pollution.
MEDICAL MISHAP: Justice Rahman, meanwhile, fixed Nov 4 for hearing of a Rs50 million claim against the Aga Khan University Hospital and its neuro-surgeon.
Advocate A.R. Mirza entered appearance for the defendants. He would file his power of attorney and submit the relevant medical record by the next date of hearing.
Plaintiff Aftab Ghanchi submitted through Advocate Nasir Maqsood that he was admitted to the hospital’s casualty ward “consequent upon a moderate head injury resulting from a traffic accident” in May 2001. Due to the “lack of professional vigilance and dereliction of duty” at the hospital, his hearing, vision and other faculties were impaired and he had become an invalid for all practical purposes. He sought Rs 50 million in damages for the loss suffered by him at the hands of the hospital and its staff.
Meanwhile, the judicial magistrate, South, Rahmat Ullah Moro, issued on Friday notice to the investigation officer of the Tasman Spirit case on a contempt of court application.
The contempt plea was filed by M. Ilyas Khan, defence counsel for the crew of the Tasman Spirit, the oil carrier which broke apart after spilling tonnes of oil at Karachi harbour.
The defence counsel submitted to the court that the investigation officer was earlier ordered on Oct 17 to submit the final charge-sheet.
However, despite the directions of the court, the IO did not submit the charge-sheet, hence he committed the contempt of court by not abiding by the court orders.
Mr Ilyas Khan, counsel for the captain and other crew members, further submitted that the prosecution had violated the mandatory provision of law by not submitting the charge-sheet within 17 days of lodging of the FIR.
Kazi Mohammed Ashraf, counsel for salvage master, Nicholas Pappas, also moved two applications.
The defence counsel sought the return of his client’s passport so that he could visit Greece to attend the funeral of his grand-father.
In his second application, counsel Kazi prayed the court to discharge the case against the accused persons as the prosecution failed to submit the charge-sheet within the stipulated time.
The court fixed Oct 25 for hearing the three applications of the two defence counsel and issued notices to the prosecution.
The case against the captain and crew of the Greek vessel was registered on Sept 4 under Sections 280, 285, 4311 of the MS Ordinance (2001) and Sections 566 of the KPT Act (1886) and Sections 89 and 90 of the Port Security Force Ordinance (2002).
The crew were booked for the spillage of oil and causing loss to the marine life due to their negligence.
