KARACHI: The Sindh High Court has observed that the final investigation report into the 2020 PIA plane crash in Karachi does not show the precise role and responsibility of those who may be involved in the incident.
On May 22, 2020, 97 passengers and crew members were killed when a PIA flight — PK-8303 from Lahore to Karachi — crashed in Model Colony near Karachi airport. Two passengers had miraculously survived.
A two-judge bench comprising Chief Justice Muhammad Shafi Siddiqui and Justice Jawad Akbar Sarwana was hearing a petition filed in 2020 against the PIA, the Civil Aviation Authority (CAA) and others over the plane crash tragedy.
At the outset of the hearing, counsel for the CAA Khurram Rasheed placed before the bench the final investigation report of the plane crash.
CAA undertakes to provide list of all those who were directly or indirectly responsible for the incident
The counsel submitted that following this report, lawmakers legislated three enactments in August 2023 which separated the roles of various respondents, including the PIA and CAA.
The bench noted that role of the federation in assessing the final report and approval or disapproval of the recommendations highlighted in the final report was yet to be seen.
“We have noticed that since 2020 when this petition was filed the federation is somehow avoiding to file para-wise comments,” it observed.
The bench also said that the liabilities could not be limited only to the extent of the CAA, although they were the biggest stakeholders as far as the plane crash incident was concerned.
“We have now seen that this final report is just a report without any precise role and responsibility assigned to those who may be involved in the incident of May 2020 and without any justification or evidence that any of the safety recommendations therein have been implemented by either CAA or the Federal Government,” the bench observed.
It stated that Deputy Attorney General Khaleeq Ahmed had now requested to file para-wise comments, including the comments on the final investigation report.
It said that the last report dated April 20, 2023 along with a statement dated Sept 7, 2024 had been filed by the lawyer for the CAA which he considered to be the last and final report regarding the subject incident.
The bench also noted that the report identified only some of the individuals as reflected in the statement, but those personnel who were “directly or indirectly responsible for the incident in terms of the headers appearing in final report i.e. the air operator (Section 3.1.4), air traffic control (Section 3.1.5) and safety oversight (3.1.9) allowing landing of the airplane”, etc, were not identified.
The lawyer for the CAA undertook to provide the entire list of all those officers/employees responsible for allowing the landing of the plane and who were present in the control tower when the incident took place.
The bench said that the para-wise comments should be filed in 10 days and copy of the same along with annexures be provided to the PIA.
While adjourning the hearing for a date to be fixed after 10 days, the court also put the PIA on notice with a direction to file its comments.
The Public Interest Law Association of Pakistan had moved the SHC about the PK-8303 crash. The plane made an unsuccessful landing attempt at the Karachi airport on its engines without lowering the landing gear and later crashed into houses in nearby Model Colony while trying to go-around.
The petitioner asked the court to declare that the aviation division, the PIA and the CAA had failed to act diligently in accordance with relevant laws to provide safe and efficient air transport services and constitute a judicial commission to determine the alleged mismanagement of PIA and its failure to operate and maintain commercial fight services as mandated under the law.
The petitioner also sought directives for respondents to produce the final investigation reports before the court of all accidents involving PIA, including the PK-8303.
Published in Dawn, October 2nd, 2024
