Jurisdiction issue: Court dismisses Rs31m damages suit

Claims plaintiff should go to Karachi where incident occurred.

PESHAWAR: A Rs31 million damages suit filed against Turkish Airlines was dismissed by a civil judge on Saturday with directions to the plaintiff to approach a proper forum, which would be a court in Karachi.

The damages suit was filed by Mehmood Iqbal in 2011 after he was refused a boarding pass at the Karachi airport while travelling to the Republic of Kosovo for a course at the American University in Kosovo. The immigration authorities refused the boarding pass on the grounds that the plaintiff did not possess valid travel documents, including a police clearance certificate from the Kosovo police.

Mian Mohibullah Kakakhel, the counsel for Turkish Airlines, told the court the damages claimed by the plaintiff are just meant to harass the airline. “Filing the suit in Peshawar shows mala fide intentions as no office of Turkish Airlines exists in the city and the cause of action arose in Karachi,” the counsel said.

He further contended that Kosovo’s immigration law is strictly followed by the airlines and though the country does not require a visa, visitors need a sponsor or valid reason of travel as well as clearance by the local police.

The court after hearing arguments, dismissed the suit on the basis of jurisdiction and directed the plaintiff to approach a court in Karachi.

Published in The Express Tribune, June 2^nd, 2014.