KARACHI, Dec 11: The Federation in its affidavit-in-rejoinder to the counter-affidavit filed by the Pakistan Airline Pilot’s Association in a suit and CMA has denied Palpa’s contentions and termed them baseless, derogatory and unfounded.
It has been contended that the stay sought by the Federation in respect of proceedings in Suit No 1150/2001 and ad-interim stay granted by the court were based on interpretation of article 199 of the constitution which conferred extraordinary jurisdiction on this court to correct any wrong, and the orders were sought and granted within the ambit of law.
It was stated in the counter-affidavit of Palpa that an application was made by a deputy attorney-general before a division bench in the petition concerning Airleague, wherein it was incorrectly stated that the single judge, after hearing objections, had fixed the matter for detailed hearing, bypassing the fact that the suit disputing the Chief Executive’s order of 2001 was not maintainable.
Palpa had contended that this was incorrect since the single judge had not decided the issue, and as such the division bench was misled in passing an interim order of Sept 27, to stay further proceedings in the suit.
In the affidavit-in-rejoinder, on behalf of the state, it was also contended that baseless, derogatory and unfounded allegations against the deputy attorney-general, representing the Federation, invoked penal action against the petitioner and persons representing the petitioner by this court. In addition, the Federation reserved the right to take appropriate action against them.
The state’s contention was that Palpa’s counter-affidavit had not only maligned the DAG, Syed Zaki Mohammed, but it had also passed remarks against the court as well, which amounted to contempt of court, and made them liable for action according to law. The mere reading of the counter-affidavit revealed that the same was a bundle of lies and attempted to harass and blackmail the respondents.
The government’s view was that the vires of President’s Order No 6 of 2001 could not be the subject matter of a civil suit. It could not be disputed even in a constitutional petition in view of a full-bench decision in the case of Syed Zafar Ali Shah Vs Federation and others, which declared the proclamation of the Provisional Constitutional Order (PCO) as amended and various Chief Executive’s Orders, promulgated by the Chief Executive, General Pervez Musharraf, legal and valid. The Supreme Court had further declared that he was entitled to perform all such acts and to promulgate such legislative matters.
The president of Palpa had filed a counter-affidavit in the petition filed by the Airleague against the application filed by the deputy attorney-general seeking stay of suit filed by Palpa before the original side of the Sindh High Court.
Through the Chief Executive’s Order No 6 of 2001, all unions in PIA were suspended. The Airleague challenged this in a constitutional petition before a division bench in which adjournments had been granted to the then attorney- general.
Thereafter, Palpa challenged the CE’s order, along with the administrative order 17/2001, issued by the PIA, in a suit before a single SHC judge.
In the course of the argument, the then attorney-general and deputy attorney-general had raised preliminary objections with regard to the maintainability of the suit by Palpa. They had also argued for staying the suit in view of the pendency of the Airleague’s petition.
The People’s Unity of PIA had also challenged the CE’s order banning trade union activities in the airline.
The parties have been put on notice for Dec 20 in the matter.