LHC stays suspension of pilot’s licence

LAHORE The Lahore High Court on Monday stayed suspension of licence of a commercial pilot and sought replies from the director general of Civil Aviation Authority (CAA) and other respondents in the petition. Justice Jawad Hassan also restrained the CAA DG from taking final decision with regard to cancellation of the petitioner’s licence.

Umar Saleem, the pilot, pleaded through a counsel that had been working with the Pakistan International Airline (PIA) since 2006 and the authority kept renewing his licence on passing all examinations periodically conducted by the CAA. However, the counsel said, the respondent DG issued the impugned order on 10 July, 2020, suspending licences of various pilots, including the petitioner on the allegation of fraud and misrepresentation in written examinations.

The counsel argued that the impugned suspension came without any evidence available on record. He further argued that the appellate authority against the impugned order was the CAA DG itself. He said the aviation’s rules to this effect were in violation of the fundamental right of due process of law guaranteed in the Constitution.

The counsel explained that no one could be a judge of his own cause. He asked the court to set aside the rules allowing the CAA DG to hear appeal against his own orders for being unconstitutional and also restrain the authority from holding proceedings against the petitioner. During the hearing, Justice Hassan observed that prima facie the CAA was punishing others for its own faults. He also regretted that the statement by the aviation minister on the issue of the pilot’s licences caused a great loss to the country.

Besides seeking parawise comments from the respondents, the judge also directed the federal government to tell the court as to how an authority can sit in appeal against its own orders. Next hearing will be held after summer vacation. Previously, the LHC had provided the same relief to another pilot namely Bilal Chughtai and stayed departmental proceedings against him.