The Supreme Court of Pakistan. PHOTO: AFP/File
The three-judge bench led by Chief Justice of Pakistan Gulzar Ahmed and comprising Justice Ijazul Ahsan and Justice Sayyad Mazahar Ali Akbar Naqvi passed this order on Wednesday as it suspended a Sindh High Court (SHC) order.
A SHC division bench on January 1 restricted Malik from performing the functions of his post. The government had later moved the apex court against the order which last month asked Malik to relinquish either his position as a Pakistan Air Force (PAF) officer or his position as PIA chief.
During the previous hearings, the SC bench had grilled the federal government for appointing a serviceman on this post without taking into account the rules and regulations. The judges had also questioned performance of the PIA during Malik’s tenure.
The government sources revealed that Malik had expressed unwillingness to leave the PAF.
However, all credit goes to Attorney General for Pakistan (AGP) Khalid Javed Khan, who, on Wednesday, convinced the bench to restore Arshad Malik as the PIA CEO.
During the hearing, the AGP contended that Malik had been appointed on merit by following the selection criteria. “Malik is competent officer and eligible for this post,” he said.
Justice Ahsan noted that the PIA needs a permanent CEO to resolve all issues.
“One government appoints people in the PIA and the next regime removes them from service. Therefore, they go for litigation and finally the new government clears their dues.”
The judge also noted that there are lobbies inside the PIA who do not want it to work.
The CJP noted that when the worker union takes over any department it shuts down. The bench also expressed serious concern over overstaffing in the PIA.
The bench later asked the PIA management to give complete business plan and details of all services contracts. It also asked the management to explain as to whether these services contracts are required.
The bench also summoned representatives of PIA workers union, the Pakistan Airline Pilots’ Association (Palpa) and management on the next date of hearing. The hearing is adjourned for one month.
Earlier, during the hearing, the CJP came down hard on the federal government over its inability to contain the novel coronavirus at the border, leading to an outbreak in the country.
He said the coronavirus came from abroad due to the negligence of the federal government and the PIA. He observed that the authorities had not made arrangements to minimise the risk and instead asked the judges to suspend judicial work.
The National Security Committee (NSC) had requested the superior judiciary to adjourn civil cases and instruct magistrates and sessions judges to conduct hearings at prisons for three weeks.
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