In a bid to muzzle freedom of free speech, the Pakistan International Airlines management has imposed censorship on its employees, restraining them from "holding press conferences and to have direct contact with print/electronic media unless so authorised by the competent authority".
In a letter sent on October 28 to the presidents of all associations and unions of PIA, the General Manager, Industrial Relations, Rashid Ahmed, informed them that the management "has taken serious notice of the violation of Regulation 63 of PIAC (Service & Discipline) 1985", and requested them to "advise all your members to note the compliance of the Regulation".
The Regulation reads as under: "No employee shall make any statement or address the press or deliver a speech on Radio/TV or contribute any article to any newspaper or journal concerning the affairs and operations of the Corporation unless duly authorised in writing by the competent authority: provided that no employee shall, publish, print, circulate or cause to be published, printed or circulated or otherwise be in possession of any type of literature or make any broadcast/TV, etc, circulated to promote or attempt to promote feelings of enmity or hatred between employees, classes of employees or different provinces, classes, sects, religious orders, or to compromise the integrity of the employee, the security of Pakistan or friendly relations with foreign states, public order, decency or morality."
President, Pakistan International Pilots' Association (Palpa), Captain Sohail Baloch, considering that the Regulation amounted to stifling the voice of employees, stated in his reply sent on November 4 that the Regulation is not statutory and was drafted during martial law regime, when all fundamental rights were in abeyance. "Today, we have a democratic government and, as citizens of Pakistan, have guaranteed fundamental rights enshrined in the constitution of Pakistan."
He pointed out that Article 19 of the constitution gives him and all employees of PIAC fundamental right to express their views as there is no 'law' which restricts them from expressing their views in public. The Service & Discipline Regulations (SDRs) are not statutory rules and therefore, take the form of terms of a contract rather than law. Further more Regulation 63 restricts the Freedom of Expression beyond the restriction imposed by Article 19 of the Constitution of Pakistan, he said.
Sohail said that all Palpa members, including the office-bearers are employees of PIAC and according to the policy of the Association, "we not only protect the interests of our members but also the interests of PIAC". Hence, any comment/s made by the President, any office bearer or any member, in press/media, is in pursuance of Association's policy of safeguarding the interest and ensuring betterment of PIAC.
He explained that he was asked in a particular TV show regarding the wet lease of two B-747 aircraft to cater for the Hajj traffic and it was candidly explained by him that a more economical approach could have been taken by the management of PIAC. This opinion was for the betterment of PIAC's financial position and not to degrade PIAC, he said.
The table below exhibits the economical suggestion in comparison to the actual scenario, which clearly shows that PIAC would have saved a lot of embarrassment, and money, if his suggestions were adopted. It is evident that average repair cost per engine is approximately US $250,000/-. Keeping in view the above referred figures it could be easily calculated that total repair cost of 06, RB-211 Rolls - Royce engines would be:
As per the above charts which are based on true facts and figures, PIAC could have saved $6.945 million (Rs 610 million) on account of two aircraft obtained on wet lease for hardly two months if the Hajj operations were planned professionally well in time. This is ironical and it would have been far better had the amount of $1.5 million was spent timely on our own engines rather than wasteful expenditure on aircraft obtained on such a short term lease. It is apparent on the face of record that the above stated decision was not at all in the interest of the airline and had been taken in haste with some hidden motives.
Due to the very reason of obtaining two aircraft on wet- ease, our own crew, regular and contract both, flying 8-747s remained under-utilised during the peak time of Hajj and PIA paid them guaranteed flying allowance. He said: "It is my duty as the President of Palpa to point out actions of the management which are detrimental to PIAC and for our members. I earnestly feel that the recommendations of Palpa are not being given due weight and consideration. Hence, my actions amply demonstrate that I have fulfilled my duty towards my airline and my community".
"We as citizens of Pakistan have guaranteed fundamental rights enshrined in the Constitution of Pakistan. Articles 19 and 19A of the Constitution of Pakistan 1973, reproduced below read as below: "19. Freedom of speech, etc - Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence.
19A. Right to information.- Every citizen shall have the right to hove access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law." Accordingly, Captain Sohail said, "Article 19 gives me and all employees of PIAC fundamental right to express their views as there is no 'law' which is restricting us from expressing our views in public.
The SDR are not statutory rules and therefore, take the form of terms of a contract rather than law. Hence, if the Constitution allows the fundamental right of freedom of speech then neither contractual terms nor any non-statutory regulations can deprive a citizen of this fundamental right. Thereby, it is unconstitutional of PIAC management to send circulars in order to restrict the freedom of speech of any employee of PIAC through Regulation 63."
Further and more importantly, Regulation 63 restricts the freedom of expression beyond the restriction imposed by Article 19 of the Constitution of Pakistan. Firstly, SDR is not a law; however, even if there was a law, restricting PIAC employees, (although this is not the case) it could not restrict them in any other matter than the matters provided in the Regulation. Any other restriction imposed by any law would be ultra vires of the Constitution and therefore illegal and void. In the present situation the restriction imposed by Regulation 63 is beyond Article 19, making it ultra vires of the Constitution of Pakistan and illegal. Therefore, it can not be imposed on the employees of PIAC.
"With regards to the restrictions imposed by the Constitution, neither myself nor has any other member of Palpa has spoken in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence", he said.
Sohail pointed out that PIAC is a public limited company, whose majority shareholding lies with the Government. Although it is a corporation but a qusai-Corporation. Hence PIAC is a matter of public importance and it is the right of the public to have information about PIAC under Article 19A of the Constitution of Pakistan.
In the light of above explanation, the Palpa President requested that the employees of PIAC should not be subjected to any unconstitutional action which would leave them with no option but to approach an appropriate court of law for safeguarding their fundamental rights and for the supremacy of the Constitution of Pakistan.
He also requested for a joint meeting between the management and Palpa executive committee which should be aimed at working together for the betterment of the airline. In the end, he requested for a thorough probe into the financial irregularities and wasteful expenditure, where after it would be a fit case for sending it to NAB authorities.
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NUMBER OF ENGINES AVERAGE REPAIR COST @ $ 0.25/- MILLION
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6 1.5/-
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TOIAL COST OF TWO TOTAL COST OF
B-747S ON WET-LEASE REPAIROFO6 ENGINES TOTAL
(MILLIONS $) (MILLIONS $) (MILLIONS $)
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8.445/- 1.5/- 6.945/-
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02 (TWO) B-747'S ON WET LEASE FROM HELLEN1C IMPERIAL AIRWAYS
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S. No Details US$ Million
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1 SX-TIE 400 hours guaranteed @ $ 6,500/- 2.6/-
2 SX-TIC 600 hours guaranteed Cockpit @ $ 7,500/-. 4.5-
3 Crew/Ground Engineers - Cabin Crew Co-ordinator/Others 0.645/-
4 130 Rooms for Greek crew in RamadaJMarriot Hotel @ $ 0.7/-
90/- per day for 60 days (Approx).
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Total 8.445/-
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AVERAGE REPAIR COST OF AIRCRAFT ENGINES BASED ON ACTUAL AMOUNT INCURRED
DURING THE PERIOD MENT1ONED BELOW:-
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Period Number of Engines Average $ per Engine
April 2010-April 2011 20 $ 234,000/-
May 2011- September 2011 9 $ 402,000/-
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