SHC summons Maritime Affairs ministry officials in March

KARACHI: The Sindh High Court on Saturday issued notices to Secretary, Ministry of Maritime Affairs, Director General (Maritime Affairs), Shipping Master of Government Shipping Office, Director General (Immigration Wing) Federal Investigation Agency, and Federal Ombudsman of Pakistan and Deputy Attorney General on a constitutional petition filed by a Mariner Syed Murawat Haider through his counsel Agha Zafar Ahmed.

The court summoned the respondents to appear on the second week of March.

The counsel for the petitioner submitted that Pakistani Shipping Master is violating Pakistan Merchant Shipping Ordinance, 2001 with particular reference to Sections 123 & 127, in which it is demanding the agents to force Pakistani seafarers joining foreign ships to sign Pakistani article of agreement at shipping office and two yearly medical checkup at port health Karachi so that his staff could blackmail seafarers to get illegal gratification.

The petitioner said that the illegal and unlawful demands of the respondents are a major cause of loss of thousands of jobs and millions of foreign exchange remittances, adding that the present antiquated system is not only against the clear wordings of the MSO, 2001 but also against the spirit of the MSO, 2001.

According to petition the act of the Shipping Master of requiring the Petitioner to sign-on Pakistan Article of Agreement under section 125 of MSO, 2001 for joining foreign flag ship is illegal, without lawful authority. The provisions of 125 or section 126 of MSO, 2001 applies only to Pakistani ships and not for foreign ships.

It said that the Secretary, Ministry of Maritime Affairs and the Shipping Master have no jurisdiction over foreign flag ships while they are not in any Pakistani ports and the rules/laws of the ‘Flag’ state applies to such foreign vessels. In terms of section 127 of MSO, 2001 it is not necessary for the Pakistani seamen to sign-on Pakistani Article of Agreement to join foreign flag ship when the Master, or Owner or Agent of a foreign ship engages a Pakistani seaman, from any port or place in Pakistan.

The act of officers of Director General (Immigration Wing) Federal Investigation Agency posted at the Airports not permitting Pakistani seamen for boarding any aircraft for joining foreign flag ships, despite that the Petitioner (and other seamen intending to join foreign vessels) have all the relevant documents including Employment Agreement of foreign flag ships in their possession, on the alleged ground that the Petitioner has not signed-on Pakistan Article of Agreement before the Shipping Master under section 125 of MSO, 2001 is illegal, unlawful and against the law.

The Immigration Ordinance, 1979 does not apply to the departure of a person who is engaged as a crew on board a foreign vessel in accordance with (erstwhile Merchant Shipping Ordinance, 1979) now MSO 2001 as per section 27(iv) of the Immigration Ordinance, 1979.

The aforesaid act of the Respondents also violates Articles 18 and 25 of the Constitution of Pakistan, which fundamental rights are guaranteed by the Constitution.