YOUSUF ALI SAYEED, J. The Petitioners profess to be the owners/possessors of one or more of the automotive vehicles listed at the foot of this judgment in Table-A (the "Subject Vehicles"), which they apparently made available for use by a Car Rental Company by the name of Vintage Limousine Services (Private) Limited ("Vintage"), as were in turn utilized by Vintage for purpose of conducting its operation of Rent-A-Car Services at the Jinnah International Airport, Karachi pursuant to a License Agreement dated 09.09.2015 with the Civil Aviation Authority ("CAA").
2. In the wake of a dispute as then subsequently arose between the CAA and Vintage as to settlement of dues, with the former claiming an amount of Rs.9,136,506/- as being outstanding, the Subject Vehicles were summarily seized and taken into custody by the functionaries of the CAA, where they remain to date.
3. Being aggrieved, the Petitioners have invoked the jurisdiction of this Court under Article 199 of the Constitution, seeking possession thereof.
4. Succinctly stated, the crux of their case is that such seizure of property is bereft of any legal sanction and violates their fundamental rights, as enshrined in terms of the Constitution. Indeed, the only question arising for determination in the proceedings in hand is whether the, action of the CAA is supported by any legal basis or justification.
5. The Reply/Objections filed on behalf of the CAA and its functionaries remained conspicuously silent in that regard. However, the raison detre for the action stands reflected in Paragraph-5 thereof, which reads as follows:- "Paragraph 5 is denied as false. That Respondent No. 3 is no longer the licensee of the Respondent No(s). 1 and 2's department. That the License Agreement for provision of Rented Car Services at the JIAP has expired in 2020. That the Respondent No.3 holds a license agreement dated 19.09.2015 with the Respondents Nos.1 and 2's department has expired on or about 18.08.2020 after a lapse of 5 years. While the subject vehicle was in possession of the Respondent No.3 a concession was offered beyond the expiry date till 19.05.2001 however due to non-finalization of tender proceedings in favour of the Respondent No.3 the possession of all vehicles operating under the name of Respondent No.3 were impounded by the Respondents Nos. 1 and 2's department. The possession was held on account of outstanding dues of Rs.9,136,506/= owed towards the Respondent No.3 and in accordance to clause 18 of the license agreement wherein it is unlawful for the licensee to engage in sub-letting/transfer of services in whole or in part. That the Subletting Agreement between Respondent No. 3 and petitioner is completely illegal in accordance to the License Agreement dated 19.09.2015. That despite the breach of a valid express term of the License Agreement dated 09.09.2015 with Respondent No.3. The petitioner has no nexus in terms of any agreement with the Respondents No(s). 1 and 2 within this petition. Hence, determining the fact that this petition is not maintainable against the answering respondents.
6. Even in response to our query as to what power/authority vested in the CAA to seize the Subject Vehicles, learned counsel for the CAA was at a loss to articulate any cogent submission, but merely sought to contend that in pursuance of Civil Aviation Rules, 1994 made by the Federal Government in terms inter alia of the enabling provisions of the Civil Aviation Ordinance, 1960, certain Standard Operating Procedures ("SOPs") had been formulated with effect from 31.01.2020 with the approval of Chief Operating Officer/APM JIAP, Karachi for the operation of Radio/Yellow Cab/Shuttle Service at JIAP. It was submitted that the power to impound sprang from Clause D1.1.18 of those SOPs.
7. Needless to say, for a proper appraisal of the true scope of Clause D-1.1.18, the same has to necessarily be viewed in the correct context and read in the conjunction with the preceding provisions of the particular clause.
8. As such, it is noteworthy that Clause D, captioned "CODE OF CONDUCT FOR TAXI/RADIO CAB/SHUTTLE SERVICES" provides that: "D1.1. Following is to be ensured by the management of radio cabs and yellow cabs operating at the Airport.
D1.1.1 Vehicles should be hired according to terms and conditions of the contract agreement between CAA Commercial Section and Respective Taxi/Radio Cab/ Shuttle Service.
D1.1.2 Whereas, the Yellow Cab vehicles shall be minimum 1000 CC and equipped with AC and other features. The vehicle must be in accordance with the prescribed standard set by the provincial transport authority.
D1.1.3 The Baggage carrier (Jangla) shall be installed on roof of the vehicles.
D1.1.4 All the Vehicles should be parked in the designated Taxi Holding Area in well-organized manners and pick-up Lane (Lane-III). The number of Cabs shall not exceed from Eight (8) cabs or as per available capacity in the Lane-III in order to avoid congestions.
D1.1.5 Vehicles shall be kept clean and fit in all respect as per standard defined by the Government of Sindh. The concerned radio cab operator shall carry out regular inspection of their vehicles D1.1.6 Passenger will be charged according to approved rates only. No vehicle shall operate without passenger payment slip issued by the respective Cab Counters.
D1.1.7 Telephone numbers of CAA Vigilance (021-99071469) must be printed on Passenger Payment slip and at prominent place of the vehicle for any complaint/feedback and suggestions by passengers.
D1.1.8 Drivers and staff should be in neat and clean uniform and having valid ID Card/Driving license. While driving seat belts must be fastened and avoid smoking, chewing of Paan, Gutka and Naswa r etc. The driver must drive the cab with care and control.
D1.1.9 Drivers should have good conduct and their behavior with the passengers shall be nice/polite and must avoid suggesting for TIP/Bukshesh from clients.
D1.1.10 Drivers must have at least one (01) yearly medical check-up including eyesight and 'Medical Fitness Certificate, which shall be submitted to Vigilance Branch.
D1.1.11 Background check of drivers/staff should be obtained from Special Branch Police Sindh and no one with a criminal record shall be enrolled and copy of the same 'shall be submitted to Vigilance Branch.
D1.1.12 The counter staff/porters and drivers shall remain present at their respective counters/vehicles and shall not chase/shout on passenger to attract their attentions..
D1.1.13 No staff/driver is allowed to use Mobile Phone on duty.
01.1.14 Any driver terminated from any radio cab or yellow cab (on ground of malpractices), will not be hired by other radio cabs operating at JIAP.
D1.1.15 No driver is allowed to perform duty for more than 12 hours (including over-time).
D1.1.16 Minimum salary of the employees should be as per government policy.
D1.1.17 No Yellow Cab shall be operated to and from JIAP without authorized Sticker issued every yearly by CAA (Commercial Section JIAP).
D1.1.18 In case of violations, DVO shall take action against concerned Driver/Vehicle including challan, impound of vehicle as the case may be. However, in case of major violations, necessary recommendations will be sent to Commercial Section for remedial action against concerned cab operator as deemed appropriate in the light of Contract Agreement."
9. Moreover, when queried further as to what purpose was sought to be served through such seizure and detention, inasmuch as the alleged debt on Vintage's part was not secured through any security interest created in respect of the Subject Vehicles and CAA could not seek to dispose of the same for purpose of recovery/settlement, learned counsel conceded that the measure has been employed as a tactic to prompt Vintage to come to the negotiating table.
10. Having examined the matter, we are of the view that the arguments advanced by learned counsel for the CAA in an endeavour to defend its actions with reference to the aforementioned provisions of the SOPs are fallacious and misconceived as no such power as purportedly exercised by the CAA in the matter at hand is manifest in that regard. Even otherwise, in view of the stance reflected by the terms of the Reply/Objection filed in the matter setting out the rational for such measure as well as the further response forthcoming through the submissions of Counsel, it is apparent that even if such power were deemed to exist for the sake of argument, its exercise for such an oblique purpose would be tantamount to an abuse thereof.
11. In view of the foregoing, the Petitions stand allowed with the Respondents being directed to release Subject Vehicles forthwith to the registered owners thereof or their duly authorized Representatives as the case may be, without prejudice to the rights of the aggrieved parties to prefer any claims for compensation/damages before the competent Court of civil jurisdiction.
TABLE 'A'
S.NoDESCRIPTION YEARSREG.No.
1. Toyota Corolla2018 BMS-201.
2.Suzuki Wagon R2020 BSG-451 3.Suzuki Wagon R2017 BHV-220 4.Suzuki Wagon R2015 BDU-517 5.Toyota Corolla2014 BDD-818 6.Toyota Corolla-------BPO-423 7.Toyota Corolla2015 BDJ-946 8.Suzuki Cultus 2016 BGC-998 9.Honda City 2019 BPG-093 10.Toyota Corolla2017 BJQ-455 11.Toyota AQUA 2017 BNP-878 12 Toyota Corolla2017 BHN-339 13.Toyota Corolla2019 BPP-515 14.Toyota Corolla2016 BFK-522 15 Toyota Corolla2020 BSX-951