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High court quashes CAAN’s letter

High court quashes CAAN’s letter

The Patan High Court declared the letter issued by Civil Aviation Authority of Nepal to the Annapurna Media Network as illegal, invalid and malicious in a verdict delivered on Monday.

The court also issued a stay order, directing the concerned authorities to refrain from implementing the letter. 

The letter, which was issued beyond the jurisdiction of the civil aviation regulatory body, had sought clarification regarding the news published in the Annapurna Post daily, which is part of the AMN. 

Delivering his ruling, the single bench of Justice Ramesh Dhakal underscored the severity of CAAN's transgression, condemning its undue interference in matters of the press. “It is a direct interference in the constitutionally enshrined press freedom, and it is imperative to stop the implementation of the letter issued by CAAN.” 

The High Court’s ruling came in response to a writ petition filed by Simrik Air against both CAAN and the Office of the Prime Minister and Council of Ministers. Senior advocate Sushil Kumar Pant and Narendra Prasad Gautam represented the petitioner’s side during the hearing. Notably, the court's ruling emphasized that the legal framework does not grant CAAN, or its Director General Pradeep Adhikari, the authority to oversee media content. 

If CAAN found published content objectionable, the appropriate recourse would be to request the publication of factual, accurate information. Similarly, if media outlets disseminated information detrimental to CAAN's reputation, the court posited that the Press Council Nepal should be the avenue for redress. As democratic norms dictate, oversight and critique of government agencies, including CAAN, are not only warranted but crucial. Stakeholders have the prerogative to express concerns and voice opinions on CAAN's directives, decisions, and policies. 

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