Subramanian Swamy moves HC for suspension of AirAsia’s licence

  • PTI, New Delhi
  • Updated: May 11, 2016 21:44 IST
BJP leader Subramanian Swamy moved the Delhi high court, seeking suspension of the licence granted to AirAsia India. (Reuters File Photo)

BJP leader Subramanian Swamy moved the Delhi high court on Wednesday and sought “immediate suspension” of the licence granted to AirAsia India. Swami said the airlines had obtained the licence through “fraud”.

The application, also seeking contempt proceedings against three officials of AirAsia for allegedly filing a false counter affidavit in the court, was mentioned before a bench of Chief Justice G Rohini and Justice Jayant Nath, which is hearing Swamy’s plea challenging the flying licence to AirAsia India by the Directorate General of Civil Aviation (DGCA).

Swamy has contended that one of the officials had made a false statement in his counter affidavit filed in court while the other two had acted with the intention of “misleading” the Foreign Investment Promotion Board (FIPB), Ministry of Civil Aviation (MoCA) and DGCA into grant of approvals, permits and permissions.

He alleged that the officials did not disclose the commercial agreement of April 17, 2014 titled ‘Brand License Agreement’ in relation to determination of effective control as it clearly establishes that the operations, management and policy decisions are controlled by the foreign airline, AirAsia Berhad, and is not with Indian nationals.

Apart from seeking immediate suspension of the airline’s licence, the application has sought calling of records of DGCA to see if authorities had granted the AOP after considering the commercial agreement executed AirAsia India.

Malaysia’s largest budget-carrier AirAsia had set up the joint venture with the Tata Group and Telestra Tradeplace to launch the regional airline in India.

In his PIL, Swamy has challenged the clearance granted to the airline on the ground that according to the policy, foreign investment is only permitted for an existing airline but AirAsia India was not an existing carrier.

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