Civil aviation failure

Our entire nation has been shaken by the tragic crash of PK-661, and the death of all 48 passengers and crew on board PIA’s domestic flight from Chitral to Islamabad, reportedly owing to engine and technical failure of the plane. While the investigation has not yet been completed, all initial reports point towards the fact that there was no lapse on part of the pilot, or his crew. In fact, the pilot reportedly informed air traffic control, soon after take off, that one of the plane’s engines was not functioning; a little later came the panicked mayday call followed by the tragic crash.

This crash, which is just the latest in a long and recurrent list of air-traffic accidents, raises important questions about the state of our aviation industry. What is the legal paradigm that governs the aviation industry in Pakistan? What is its history? What safety protocols are in place for air traffic safety and control? How many aviation accidents have occurred in the recent history of Pakistan? What measures, if any, have been put in place in the aftermath of these incidents? And how best can we make our aviation industry safer for domestic and international travel?

From a structural perspective, the non-military aviation industry in Pakistan falls within the regulatory ambit of the Pakistan Civil Aviation Authority (CAA). Being a regulator, established under Section 3 of the Pakistan Civil Aviation Authority Ordinance, 1982 (the “PCCAO”), the CAA regulates all aspects of civil aviation in Pakistan, and provides “for the promotion and regulation of civil aviation activities and to develop an infrastructure for safe, efficient, adequate, economical, and properly coordinated civil air transport service” in the country, as clearly stated in the preamble of PCCAO. Furthermore, under Section 7 of PCAAO, a Pakistan Civil Aviation Authority Board has been constituted, which performs all functions related to the general direction and administration of the CAA, and is therefore responsible for taking pivotal decisions on behalf of the entire aviation industry of the country.

By way of background, at the time of independence of Pakistan, the process for establishing an airlines corporation was initiated, and on October 23, 1946, with the help of financial contributions by Mirza Ahmed Isphani and Adam Jee Haji Daud, Orient Airways was registered in Calcutta. In May 1946 Orient Airways was granted its license, and in February, 1947, Orient Airways bought three DC-3 airlines from a company in Texas and the first flight operation was carried out in June, 1947. On August 14, 1947, Orient Airways became the only national airlines corporation, which was actively involved in performing rescue operations and also started its flight operations between East and West Pakistan. However, Orient Airways suffered from heavy losses due to constant provision of pro bono services for the people of a newly created State of Pakistan, following which the Government of Pakistan offered Orient Airways to be taken over by the State of Pakistan, thereby paving way for the creation of Pakistan International Airlines on March 11, 1955.

In 1959, the Government of Pakistan appointed Air Commodore Nur Khan as the Managing Director of PIA. With his visionary leadership, PIA ‘took off’ and within a short span of 6 years, gained the stature and status of one of the world’s frontline carriers. In aviation circles, this period has often been referred to as the “golden years of PIA”. Air Commodore Nur Khan would personally check, not just the aircrafts but also other minute details such as the cleanliness of the staff’s uniforms and the condition of the check-in counters. During this time, the image of PIA, as the national flag carrier, was taken very seriously.

Over the years the PIA fleet was increased, gradually, including induction of some of the state of the art aircrafts and aviation technology. However, as political interference in the airline industry increased, the quality, standard and reach of our flag-carrier airline declined. PIA, once a symbol of excellence, today is a case study of a corporate disaster, undermined by ‘patronage’ groups belonging to whichever political government comes to power.

As a result, numerous airline accidents and disasters have plagued the Pakistan’s aviation industry. Some 30 bird-hit incidents were reported in 2011 alone, and in 2012, the same increased to 46. Experts believe that one of the primary reasons for bird-hit accidents is that the aerodromes have been carelessly situated/built near densely populated areas. Also, there have been incidences that point towards an unprofessional crew, endangering the lives of passengers on board, including the time when PIA’s pilot was caught trying to fly a plane while being intoxicated.

Unfortunately, such instances are merely a reflection of the low-esteem of the people attached to an organisation that is fast losing all semblance of esteem. Even recently, in the official report of the Bhoja Air crash tragedy (a private jetliner that plunged to the ground outside Islamabad in 2012 and killed 127 people), it was pointed out that the pilots were not trained to fly the more advanced Boeing 737-236, and were unable to use its automated flight deck.

PIA’s ATR Aircrafts have specifically been in the news due to recurrent engine failures, from 2011 to 2014. In an Engineering Evaluation Report, submitted by PIA in 2004, serious reservations regarding ATR’s engine’s performance in Pakistani conditions were raised. Furthermore, other reports have pointed towards unfathomable concerns about the illegal maintenance of PIA planes, leading to the grounding of nearly half of the PIA fleet.

The tragic crash of PK-661 cannot be viewed as a one-off incident of aviation failure. All evidence points to the fact that this tragedy had become all but inevitable for an industry that has consistently demonstrated a cavalier attitude towards maintaining the standards of its fleet as well as the training and monitoring of its pilots and crew. Pakistan has a rather elaborate statutory and legal regime that governs the civil aviation industry, and has also adopted international aviation safety standards (as a mandatory requirement for international air travel). The problem, it seems, is not within the regulatory or legal framework of the aviation industry; much like several other facets of our society, the fault lies in the implementation and adherence to these standards.

It is time that we stop absolving those in positions of power, within the aviation industry, through sham inquiries and commissions. These individuals who have caused the death of the passengers of PK-661 through their gross negligence, if not complicity, must be taken to task to the fullest extent and reach of our laws. And till such time that the management of our aviation industry is not held accountable for the death (manslaughter?) of innocent civilians, we will not be able to avoid future recurrences of such tragedies. And this is the least that we, as a nation, can do to honour and grace the memory of our departed citizens.

The writer is a lawyer based in Lahore. He has a Masters in Constitutional Law from Harvard Law School. He can be contacted at saad@post.harvard.edu. Follow him on Twitter

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