SHC summons Maritime Affairs ministry officials in March
KARACHI: The Sindh Top Courtroom on Saturday issued notices to Secretary, Ministry of Maritime Affairs, Director Common (Maritime Affairs), Delivery Grasp of Executive Delivery Administrative center, Director Common (Immigration Wing) Federal Investigation Company, and Federal Ombudsman of Pakistan and Deputy Lawyer Common on a constitutional petition filed through a Mariner Syed Murawat Haider thru his suggest Agha Zafar Ahmed.
The courtroom summoned the respondents to seem on the second one week of March.
The suggest for the petitioner submitted that Pakistani Delivery Grasp is violating Pakistan Service provider Delivery Ordinance, 2001 with specific connection with Sections 123 & 127, by which it’s hard the brokers to pressure Pakistani seafarers becoming a member of overseas ships to signal Pakistani article of settlement at transport workplace and two once a year scientific checkup at port well being Karachi in order that his team of workers may blackmail seafarers to get unlawful gratification.
The petitioner stated that the unlawful and illegal calls for of the respondents are a big explanation for lack of hundreds of jobs and hundreds of thousands of foreign currencies remittances, including that the existing antiquated machine is not just in opposition to the transparent wordings of the MSO, 2001 but additionally in opposition to the spirit of the MSO, 2001.
In line with petition the act of the Delivery Grasp of requiring the Petitioner to sign-on Pakistan Article of Settlement beneath segment 125 of MSO, 2001 for becoming a member of overseas flag send is against the law, with out lawful authority. The provisions of 125 or segment 126 of MSO, 2001 applies handiest to Pakistani ships and no longer for overseas ships.
It stated that the Secretary, Ministry of Maritime Affairs and the Delivery Grasp don’t have any jurisdiction over overseas flag ships whilst they aren’t in any Pakistani ports and the principles/regulations of the ‘Flag’ state applies to such overseas vessels. In the case of segment 127 of MSO, 2001 it isn’t essential for the Pakistani seamen to sign-on Pakistani Article of Settlement to sign up for overseas flag send when the Grasp, or Proprietor or Agent of a overseas send engages a Pakistani seaman, from any port or position in Pakistan.
The act of officials of Director Common (Immigration Wing) Federal Investigation Company posted on the Airports no longer allowing Pakistani seamen for boarding any airplane for becoming a member of overseas flag ships, regardless of that the Petitioner (and different seamen intending to sign up for overseas vessels) have the entire related paperwork together with Employment Settlement of overseas flag ships of their ownership, at the alleged floor that the Petitioner has no longer signed-on Pakistan Article of Settlement sooner than the Delivery Grasp beneath segment 125 of MSO, 2001 is against the law, illegal and a crime.
The Immigration Ordinance, 1979 does no longer practice to the departure of an individual who’s engaged as a group on board a overseas vessel in line with (erstwhile Service provider Delivery Ordinance, 1979) now MSO 2001 as consistent with segment 27(iv) of the Immigration Ordinance, 1979.
The aforesaid act of the Respondents additionally violates Articles 18 and 25 of the Charter of Pakistan, which elementary rights are assured through the Charter.
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