The government on Thursday presented flight operation manual of the Civil Aviation Authority (CAA) in the Supreme Court to determine competence of authority responsible for diversion of any plane seeking landing in extraordinary circumstances. Deputy Attorney General (DAG) Agha Tariq Mehmood submitted the manual at the directive of the apex court.
A five-member Supreme Court bench comprising Justice Tassdaq Hussain Jillani, Justice Nasirul Mulk, Justice Moosa K. Leghari, Justice Sheikh Hakim Ali and Justice Ghulam Rabbani is hearing Nawaz Sharif's appeal against his conviction in plane hijacking case.
"Who has the authority to divert any plane from its landing destination in extraordinary circumstance", Asked Justice Jillani. Responding to the question, Khawaja Haris, counsel for the PML-N chief Nawaz Sharif, apprised the court that diversion of any plane from its landing destination is the prerogative of CAA, company which owns it and the captain of the plane.
Khawaja Haris, informed the court that numerous statements were recorded but none other than the pilot had any proof regarding the diversion of plane from Karachi to Nawabshah. There is a specific mention of the fact that the aircraft did not land for 15-20 minutes even after the green signal for landing and critical fuel position, he added.
What should the court infer from this argument that despite having permission of landing the plane did not make any attempt, asked Justice Jillani. Responding to the question Haris said that former President Pervaz Musharraf wanted to make sure about control of the army prior to the landing. It is testified by the presence of General Iftikhar at Karachi airport, who had taken charge of the Air Traffic Control tower, he added.
Haris read out statement of Captain Sarwat (Pilot of PK-805) wherein he said that Pervaz Musharraf did talk to Lieutenant General Iftikhar Ali Khan the then secretary Defence from the cockpit. "Iftikhar Ali Khan informed him regarding control over the Karachi airport and said Corps Commanders were with him and he could land at Karachi".
'It is correct that without permission from the ground I would have not landed at Karachi airport', said the statement of Captain Sarwat. Haris said that the plane landed at Karachi at 1948 hrs and someone else than the Prime Minister was controlling the whole operation.
After Army's take-over of ATC, PM house, PTV at 1830 hrs the Prime Minster did not figure anywhere. He further said that it was not the Prime Minster who did not permit landing of the aircraft rather the direction was given by Ahmed Farooq, Secretary to Aminullah Chaudhry DG, CAA, without taking the DG into confidence.
Haris said that none of the witness had stated that closure of the airport was ordered by the Prime Minister. The statement of approver Aminullah Chaudhry, DG, CAA does not corroborate with any other statement. In addition, statements given by the prosecution witnesses are also conflicting, Haris added.
Meanwhile, the court refused the petition of Nawaz's rivals Noor Elahi and Khurram Shah to be considered as a party in the plane hijacking case. Advocate General Sindh requested the court to adjourn the hearing till Tuesday as Prosecutor General Sindh was ailing, however the court adjourned the hearing till Friday (today).