Court directs privatization secretary to rule on objections to PIA sell-off

 

The federal law officer stated that the privatization secretary would decide the matter accordingly

Privatization of PIA challenged in Lahore High Court 

The Lahore High Court has directed the federal secretary for privatization to decide objections raised in two petitions challenging the privatization of Pakistan International Airlines (PIA).

Justice Malik Awais Khalid issued separate orders while disposing of petitions filed by lawyer Nabeel Javed Kahloon and Hadayatullah Khan, president of Peoples Unity, the PIA employees’ union.

During the hearing, Advocate Kahloon, representing both petitioners, contended that the privatisation process was not in accordance with the law and argued that the matter should have been placed before the Council of Common Interest (CCI). He maintained that constitutional requirements had not been fulfilled.

The counsel further argued that PIA could not issue fresh shares as no legal amendment had been made and the relevant bill had already been withdrawn. He also claimed that the airline was being sold at a nominal price, estimating that only Rs4 billion would be transferred to the public exchequer, despite decades of substantial public investment in the national carrier. He described the sale as a matter of significant public interest.

 

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Additional Attorney General Nasar Ahmad Mirza objected to the maintainability of the petitions, arguing that the matter involved a policy decision and was therefore not justiciable. He clarified that no fresh shares were being issued and that the government was only transferring existing shares of the company.

Advocate Kahloon responded that the legal and constitutional objections raised in the petitions had not been addressed by any competent forum. The additional attorney general suggested that the objections be remitted to the privatization secretary for consideration after providing the petitioners with an opportunity of personal hearing, to which the petitioners raised no objection, provided the process adhered to principles of fairness and transparency.

Assuring the court of compliance with the law, the federal law officer stated that the privatization secretary would decide the matter accordingly.

Justice Khalid referred the petitions to the privatization secretary with directions to hear all concerned parties and issue a well-reasoned order strictly in accordance with the law within two weeks. The court also directed both petitioners to appear before the secretary on January 26 at 11am.

 

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Meanwhile, the Cabinet Committee on Privatisation (CCoP) has approved a Rs135 billion bid from an Arif Habib Group-led consortium for a 75 per cent stake in PIA. The bid is approximately 35 per cent higher than the government’s reference price of Rs115 billion, with the consortium also committing to invest an additional Rs80 billion to Rs125 billion for fleet modernisation and operational restructuring.

Source: Dawn

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