SC questions legality of PIA CEO appointment

ISLAMABAD: The Supreme Court (SC) on Wednesday questioned the legality of permanent appointment of Air Chief Martial Arshad Mahmood Malik as Chief Executive of Pakistan International Airlines (PIA).

A three-member bench of the apex court headed by Chief Justice of Pakistan Justice Gulzar Ahmed and comprising Justice Ijazul Ahsen and Justice Sajjad Ali Shah heard the case relating to appointment of Chief Executive of the national flag carrier.

The court also took notice of a commercial plane of the national flag carrier which was taken to Germany and questioned on whose order it was made so.

Chief Justice Gulzar Ahmed asked the law officer under what law a serving employee of Air Force was appointed against a permanent post of the Chief Executive of the national flag carrier.

The chief justice observed that taking the commercial flight illegally to another country is hijacking. The CJP questioned as to whether any case was filed against the hijacker in Germany. The court was, however, informed that the National Accountability Bureau is looking into the matter.

The chief justice, however, questioned the jurisdiction of the anti-graft body adding that this is an international crime and the said plane should have returned in day while a case should have been filed in Germany as well.

“Whether such is the condition of our foreign affairs that whatsoever if taken from Pakistan nobody could ask about it”, the CJP further questioned adding that it was the plane of Pakistani nation that’s why nobody took notice of it. “If it was a personal property of anyone or an official of PIA, the United Nations was to be approached in this regard”, the CJP remarked adding that when a single plane was not saved, how the whole department could be saved.

Justice Ijazul Ahsen, another member of the bench, observed that PIA plane was taken to another country while the state remained ignorant, however, the whole world knew it.

Justice Sajjad Ali Shah observed that a German Managing Director of PIA sold out the plane and said that the amount was adjusted in the arrears of the salary.

During the course of hearing, reports pertaining to the appointment of Arshad Malik as well as the national flag carrier were submitted.

The CJP after examining the reports said that it seems one person had prepared the reports adding that working is being done with copy-paste

Naeem Bukhari, counsel for Air Marshal Arshad Malik submitted that he was not consulted during the preparation of the report. He, however, while defending his client submitted that only five officers from Air Force have been posted in the national flag carrier adding that his client has an experience of aviation and remained part of the preparation of JF Thunder.

Justice Ijazul Ahsen observed that Arshad Malik was appointed on temporary basis till the appointment of new MD of PIA and questioned as to whether as per law, the new MD was appointed or not.

Naeem Bukhari replied that the board appointed Arshad Malik after the government had nominated him for the post. Again Justice Ijazul Ahsen asked as to whether advertisement was issued on international level for the said post adding that the court had issued directives for the appointment of new MD of PIA and had also given the procedure for the said appointment.

During the hearing, Salman Akram Raja, counsel for PIA while arguing before the court submitted that after giving the advertisement, the Board of Directors had filled the post of Chief Executive of PIA. The CJP observed that sometime educational qualification does not require adding that many multinational companies don’t have highly qualified personnel.

Chief Justice said that a German MD was appointed in the national flag carrier as he took away the plane. When the CJP asked about this, counsel for PIA informed that the NAB is investigating the matter. The chief justice asked the counsel that the PIA should tell as to why the said plane was not taken back.

Meanwhile, a representative of PIA told the court that the plane was taken away on the pretext of a shooting for a film but said it was nonoperational.

The CJP observed that the media around the world has reported that the CEO of PIA took away the plane to Germany.

Salman Akram Raja, however, told the court that the PIA will submit its report by today (Thursday). The CJP said that Etihad Airways had sold 38 planes but no one tried to purchase a single one adding that 50 airplanes of private companies, standing at Karachi airport are not being used due to non-payment of arrears.

The counsel said that the new CEO has been appointed for a period of three years. The CJP, however, asked as to how a CEO could be appointed on deputation. The counsel contended that in this respect the judgments of the apex court are in the field.

Justice Ijazul Ahsen asked the counsel as to when Arshad Malik will get retire. The counsel replied that he will retire in 2022 but till retirement, he will not get any benefit from Air Force.

Meanwhile, the court directed the counsel to inform the court on the next date of hearing as to how a permanent CEO could be appointed in the national flag carrier on deputation and adjourned the hearing until February 20.