SC asks BJP Member- Swamy to implead other Airlines in the case against Air Service Agreement

New Delhi: Yesterday, i.e. on 15th March, the honourable Supreme Court of India was told by the Central Government that it could not judicially examine the Air Service Agreement- ASA held between our country and the UAE. The BJP member- Subramnian Swamy claimed that the said Agreement would conferred undue and unfair concessions to Jet- Etihad at the cost of national carrier Air India. Moreover, on this background, the Apex Court asked the BJP leader- Swamy to implead other Airlines as party in his plea.

It is notable that the BJP Member- Swamy sought a plea before the Apex Court where the alliance between the Jet Airways and Abu Dhabi- based Etihad Airways, was sought to be quashed. Now, it was seen that the Additional Solicitor General appearing for Central Govt.- P. S. Narasimha contented before the court that the ASA was of the same kind to bilateral treaty and as such it is beyond the ambit of the Judicial scrutiny.

However, the Bench of the Apex Court, comprising of Chief Justice of India- T. S. Thakur and Justice- U. U. Lalit found that during hearing, the BJP leader- Swamy had challenged the 24th April, 2013’s India- UAE Memorandum of Understanding- MoU, which was subsequently converted into the ASA, on 3th day of September, that year.

Senior Advocate- A. M. Singhvi who has appeared for the Jet Airways stated that the pact had helped the Air India, Jet Airways and also Indigo airways to increase their passenger capacity, also, he brought to the notice of the court that the BJP’s Swamy had not made the other airline a party except Jet. Thus, the order for amending the petition, was made by the court and it is to be effected in three weeks.

It is notable that the alleged agreement was challenged before the Apex Court, also claimed for its quashing, by BJP Leader- Swamy. The Agreement dated 24th April, 2013 was also sought to be quashed, as it gave unfair concessions to Etihad Airways and Jet Airways.

Source: lawyerslaw.org (Our Media Partner)

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