While representing a number of victims of Bhoja Airlines crash of 2012 in Islamabad, Advocate Omer Adam has sought the Islamabad High Court’s directives for registration of a criminal case against the owner of the airline under section 302 of the Pakistan Penal Code.
However, the court expressed that it will decide the matter on next date of hearing whether there are sufficient grounds to implicate owner of the Bhoja Airlines in murder charges.
The section 302 of the PPC is about punishment for murder. According to the section, “Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine”.
Assailing the verdict of additional district and session judge in the matter the counsel urged the court to declare the decision illegal that resulted in the deletion of Section 302 of the PPC against the owner of the airline.
Nine years ago on April 12, Bhoja Airlines’ Boeing 737-236A flew from the Jinnah International Airport Karachi for Benazir Bhutto International Airport Islamabad with 127 persons on board including 06 flight crew members. The ill-fated aircraft crashed about 4.2 miles short of runway while landing. All those on board lost their lives and the aircraft was also destroyed.
Appearing before a single-member bench of the Justice Aamer Farooq Tuesday counsel for the bereaved family members of the victims Advocate Omer Farouk Adam contended that Bhoja Airline flight carrying 127 passengers including men, women and children crashed in village Hussain Abad in the territory of Police Station Koral Islamabad. He informed the bench that complainant Inspector police Khana Mehmbood Ahmad registered a criminal case in the matter. He said the FIR was registered under sections 120-B, 286, 281, 302,427/109 of the PPC.
The court was apprised that in pursuant to the findings of Judicial commission of the IHC, another FIR was registered under sections 120-b, 286, 287,302,427,109 of the PPC in Lohi Bher police station Islamabad. Advocate Omer Adam reiterated the finding of the judicial commission in the matter putting responsibility of aeroplane crash on the shoulders of Bhoja Airlines.
Advocate Adam further argued that Additional Sessions Judge Islamabad on November 12,2019 has altered charge from section 302 to Section 321 PPC without recording evidence as in contrary to law, procedure and Article 10.A of Constitution of Pakistan.
The counsel for the victims’ family members urged the IHC to declare alternation as illegal, arbitrary, improper without lawful authority, of no legal effect and contrary to law, rules and constitutional provisions.
However, after hearing the arguments of the counsel, the bench said it will decide the matter during the next date of hearing. Later, the hearing was adjourned till June 23.
The writer heads a leading news wire service ‘The Law Today Pakistan’ commonly known as TLTP. He has a special focus on news relating to superior courts adjudication, access to right of information, civil, political, social and economic rights under the approach that existing cyber regime realization ensures procedural fairness in administrative law. He can be reached at editor@tltpnews.com
