New Delhi: The Centre on Tuesday told the Supreme Court that it could not judicially examine the Air Service Agreement (ASA) between India and the UAE, an agreement which BJP member Subramnian Swamy has claimed conferred undue and unfair concessions to Jet-Etihad at the cost of national carrier Air India.
Appearing for the Centre, additional solicitor general P S Narasimha told a bench of Chief Justice T S Thakur and Justice U U Lalit that the ASA was akin to a bilateral treaty and hence beyond the ambit of judicial scrutiny. However, the bench found during the hearing that Swamy had challenged the April 24, 2013 India UAE MoU, which was subsequently converted into the ASA on September 3, 2013.
Appearing for Jet Airways, senior advocate A M Singhvi said the pact had helped AI, Jet and Indigo increase their passenger capacity but Swamy had not made any other airline a party except Jet. The bench asked Swamy to amend his petition in three weeks to challenge the September 3 pact and include other airlines which would be affected by the outcome of the plea. It also asked the Centre to respond to the amended plea in four weeks and posted the matter for further hearing on July 19.
16/03/16 Times of India
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Appearing for the Centre, additional solicitor general P S Narasimha told a bench of Chief Justice T S Thakur and Justice U U Lalit that the ASA was akin to a bilateral treaty and hence beyond the ambit of judicial scrutiny. However, the bench found during the hearing that Swamy had challenged the April 24, 2013 India UAE MoU, which was subsequently converted into the ASA on September 3, 2013.
Appearing for Jet Airways, senior advocate A M Singhvi said the pact had helped AI, Jet and Indigo increase their passenger capacity but Swamy had not made any other airline a party except Jet. The bench asked Swamy to amend his petition in three weeks to challenge the September 3 pact and include other airlines which would be affected by the outcome of the plea. It also asked the Centre to respond to the amended plea in four weeks and posted the matter for further hearing on July 19.
16/03/16 Times of India