KATHMANDU, AUGUST 28
High Court Patan has stayed the Civil Aviation Authority of Nepal (CAAN) decision to issue a show cause notice to Simrik Air Pvt Ltd for allegedly getting Annapurna media cover news stories critical of CAAN.
A single bench of Judge Ramesh Dhakal issued the interim order in a case filed by Simrik Air Pvt Ltd against CAAN and others. CAAN had issued a show cause notice to Simrik Air for having its media cover news reports critical of CAAN which the latter described as a serious challenge to aviation security.
Captain Rameshwar Thapa owns both Simrik Air Pvt Ltd and Annapurna Media Network. CAAN appears to be unhappy about the petitioner being both the owner of Simrik Air Limited and publisher of Annapurna media. While it may be a matter of debate whether a person can own both airline and media companies, it is clear that CAAN issued show cause notice to the petitioner for his news coverage, the court observed in its fourpage order. Stating that the constitution had granted full press freedom and freedom of expression, the court said that CAAN had no power to regulate or restrict media. Therefore, CAAN's show cause notice issued to writ petitioner in the capacity of Chairperson of Simrik Air Pvt Ltd should be taken seriously, the court observed. If CAAN, the court observed, had any objection with regard to any news coverage, it had the option to write to the concerned media or lodge a complaint at Press Council Nepal. Stating that the press had the right to raise question about the work of all bodies of the state and office bearers, the court said that CAAN had no power to penalise media.
The court observed that the press was free to write news stories about circulars issued by CAAN or CAAN Director General. The court said that CAAN had issued a show cause notice to the petitioner with the motive of imposing fine in accordance with Section 25 (2) of Nepal Civil Aviation Authority Act, 1996. The court said that CAAN letter to petitioner was prima facie illegal, and malicious. The court said that if CAAN show cause notice was allowed to be implemented it could be improper interference in press freedom and hence it was necessary to stay the CAAN letter issued on August 18. The court also stayed CAAN decision taken on August 17, which was the source of August 18 letter.
The petitioners urged the court to stay the letter issued by CAAN on August 18. In the said letter the civil aviation regulatory body had issued a show cause notice to Simrik Air Limited for publishing news that could it said posed serious challenge to aviation security. The court observed that CAAN failed to state how the writ petition posed challenge to aviation security.
A version of this article appears in the print on August 29, 2023, of The Himalayan Times.
