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."Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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