1691/2016 Suit Shaheen Air International Ltd., (SAIL) & another. (Plaintiff) V/S Civil Aviation Authority & anaother. (Defendant)

1691/2016 Suit Shaheen Air International Ltd., (SAIL) & another. (Plaintiff) V/S Civil Aviation Authority & anaother. (Defendant) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 25-NOV-16

"Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr.1 & 2---General Clauses Act (X of 1897), S. 24-A---Constitution of Pakistan, Arts. 18 & 25---Suit for declaration and injunction---Interim injunction, grant of---License, renewal of---Right to trade and business---Discrimination---Plaintiffs were licensed by Civil Aviation Authority to operate commercial airline for passengers and cargo---Grievance of plaintiffs was that authorities declined to renew the license on the plea that some of the Directors and Shareholders of plaintiff company required security clearance---Validity---Denial of security clearance was not as required under the law---Such was not only devoid of serious reasoning of security/ intelligence agencies but also hit by S.24-A of General Clauses Act, 1897---In absence of detailed reasoning as to the adverse observation, it would not be possible for plaintiffs to comply with such anonymous terms---Change of directorship or Chief Executive Officer, was not the solution as it would amount to denying a right as guaranteed to each citizen of Pakistan in terms of Arts. 18 & 25 of the Constitution---Letter of government advising plaintiff company through Civil Aviation Authority that they could either get security clearance from the Directorate of Inter Service Intelligence or concerned Director/Chief Executive Officer should be considered to be changed was of no consequence at all---Denial to renew a license to plaintiff company on account of dual nationality of Directors amounted to curtailing a right guaranteed under Arts. 18 & 25 of the Constitution unless valid reasons were provided---High Court directed plaintiffs to respond to queries and provide all information and documents as and when required by the concerned authority/security agencies---High Court suspended the orders passed by the authorities---Interim injunction was granted in circumstances."