Thursday, July 11, 2019

Delhi HC dismisses Subramanian Swamy's plea to stay grant of international flying permit to AirAsia India

The Delhi High Court today dismissed an application filed by BJP leader Subramanian Swamy seeking a stay on granting AirAsia India permission to fly internationally.

The Court, however, directed the Central Bureau of Investigation to file its status report in the ongoing probe into the allegations of  irregular Foreign Investment Promotion Board clearance granted by the Centre to AirAsia (India) Pvt. Limited in a sealed cover.

The application is part of his petition challenging the Foreign Investment Promotion Board (FIPB) clearance granted by the Centre to AirAsia (India) Pvt. Limited.

After hearing Swamy and AirAsia India, a Division Bench of Chief Justice DN Patel and Justice C Hari Shankar refused to allow the application.

"...we are not inclined to grant the stay prayed for...the application is dismissed", the Court said as it listed the writ petition for final disposal.

"We want to understand the modus operandi of the investment", Justice Patel remarked before adjourning the matter.

The Court also took note of an interim order passed by the Court on February 11, 2014, declining a similar relief to Swamy on the ground that the Court did not have the power to judge an economic policy of the government.

Swamy had sought a stay on the consideration of AirAsia India's application for international operation on the ground that since the challenge to the legality and validity of the principal licence to operate domestic flights in India is sub-judice, the licence to fly internationally should not be granted.
11/07/19 Aditi Singh/Bar & Bench
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