2009 PLP 125 (CLC)

MUSHIR ALAM, J.

Petitioners are taxi drivers, operating in the port area for taking passengers. Case of the petitioner appears to be that initially passes were being issued to them to pick up the passengers from the Port area and drop them at the exit gate or take them out to required destination. Initially the passes were issued on daily basis, latter on it was on quarterly basis for three months on payment of Rs.270 per quarter of a year. Later on such exercise was revised on yearly basis. It is the case of the petitioner that their permission/licence was renewed upto 31-12-2005 during currency of their permits, the respondent invited bids for car rental services, which was termed as illegal and mala fide action on the part of port. When this petition came up for hearing on 21-12-2005 it was noticed by the Court that apparently contract has been awarded to Messrs White Radio Cab who were directed to be added as party to the petition and the KPT Board Resolution was suspended in the meanwhile. It is the case of the petitioner, represented by Mrs. Salima Nasiruddin, Advocate that, the petitioners are plying taxi within the Port area since ages. Licenses issued to 28 petitioners were being renewed from time to time Lastly, it was renewed upto 31-12-2005. It is stated that Port Authorities had no jurisdiction to invite tender to ply taxi nor had any authority to award the contract. According to the learned counsel, the exercise is mala fide to deprive the petitioners from their source of income. On 17-3-2006, per Court direction White Radio Cab Fazle_ Rabi Limousine were joined as respondents Nos.5 and

6. Notices were served on them. On 22-11-2006, representative of respondent No.6 appeared and sought time to file comments but none has been filed. Mr. M.S. Sulehry, learned Advocate for the Karachi Port Trust, contends that the taxies plied by the petitioners are very old and unhygienic. Beside, petitioners taxi do not have radio or wireless connectivity, safety and security of the crew passengers cannot be secured. According to the learned counsel, looking to the sensitivities of K.P.T. operations, safety of foreign crew is of prime importance. He further urged that "International Code for the Security of Ships and of Port Facilities" (I.S.P.S.) as adapted by International Maritime Security Organization (I.M.O.), to which Pakistan is also a signatory, make it obligatory on the Member State to improve its port facilities, which includes communication and transport. In pursuance, thereto Karachi Port Security Force Ordinance LXXXIV, 2002 was promulgated, on 22-10-2002. It was urged that in view of the importance attached to the security of crew it was necessary to review the situation and provide them safe transportation facility, accordingly tenders were invited. He urged that tenders were published in the news papers of wide circulation but the petitioner, did not participated whereas, other car rental services participated in the tender. It is matter of record that report was prepared and Port Committee decided to award the contract to respondents Nos.5 and 6 on 14-7-2005, yet the charge was not given to them, as the petitioner were holding valid permit up to 30-12-2005 and further in the mean time restraining orders were passed. We have noticed that the Government of Pakistan, Ministry of Communication required all the Port Authorities to comply with the I.S.P.S. Code as per requirement of International Maritime Organization. On 28-4-2004 again such reminder was issued and direction for preparation of port facilities, etc., was required to be submitted. Mr. M.S. Sulehry has also drawn our attention to Ordinance LXXXIV of 2002, which is in consonance with I.S.P.S. Code and give authority to the K.P.T. to regulate and control movement, traffic and parking of engines, for lifts, and cargo handling equipments, trucks and vehicles in and around the port area. Mrs. Salima Nasiruddin contends that the petitioners are earning bread and butter were not aware of the stringent requirements as now stated to be prescribed for plying transport facilities within port premises. She urged that the petitioners were not given fair opportunity to earn the contract. Mrs. Saleema however, was not able to point out lack of jurisdiction or authority of Karachi Port Trust to invite and award contract. Mr. Sulehry, points out that since the ad interim orders are operating contract could not be implemented. Since respondents 5 and 6 despite service chose not to appear, it seems they are not interested in the contract. Mr. Sulehry conceded that in event the Court directs fresh tender, orders would be complied. Under circumstances, let the fresh tender be invited afresh as expeditiously as possible and the petitioners would be at liberty to participate and compete in the tender. Petitioners are given five months time to upgrade their taxies, provide their mobile telephone number to the authorities for constant connectivity. Till the fresh tenders are called and contract is awarded and executed, petitioners' may be issued licence/permit to ply taxies in accordance with K.P.T. rules, regulations, safety instructions as may be issued by the Authorities concern and subject to fitness certification from the authorities concerned. Exercise of inviting and finalizing the award of fresh contract to the successful party to be concluded preferably before 30th June, 2007. Petition along with all pending applications stand disposed of. H.B.T./L-6/K Order accordingly.