Jet-Etihad deal: SC to hear Swamy's plea after 8 weeks

The Supreme Court on Friday said it would hear after eight weeks BJP leader Subramanian Swamy's plea seeking quashing of the deal between Jet Airways and Abu Dhabi-based Etihad Airways.

Swamy has recently amended his plea to challenge the bilateral agreement between India and the UAE also on increasing the number of flights.

A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud considered the submission of the BJP leader that a Parliamentary committee shared his view on the bilateral agreement between India and the UAE on increasing the number of flights.

"We will list it for hearing after eight weeks," it said.

Earlier, the court had asked Swamy to file an amended plea, seeking to quash the alliance between Jet Airways and Abu Dhabi-based Etihad Airways, by also challenging the bilateral air services agreement between India and the UAE.

The court had in March last year asked Swamy to implead other airlines as parties to the list as they may also get affected if the court decided either in favour or against the Jet-Etihad deal.

Swamy had earlier questioned the government's decision to execute the agreement in favour of Abu Dhabi under the existing Air Services Agreement between the governments of India and UAE claiming that the lion's share of seats would go to Etihad and the Indian carriers would lose.

He had said the seat-sharing agreements between India and UAE would adversely impact Indian interests.

Swamy, in his plea, has sought quashing of the deal alleging it was against public interest as there has been squandering of natural resources such as the airspace.

In 2014, the court had sought the Centre's response on Swamy's interim pleas seeking the Cabinet note concerning Jet-Etihad Airways deal and copy of the transcript of tapped telephonic conversation of former corporate lobbyist Niira Radia in which she had allegedly talked about the civil aviation sector.

Swamy, in his plea, has also referred to a memo sent by the PMO to Ministry of Civil Aviation on May 22, 2013 raising reservations in respect of the growth of the middle eastern carriers including Etihad, the development of middle eastern hubs for servicing traffic from India at the cost and expense of Indian carriers and domestic hubs.

He had submitted that even the Comptroller and Auditor General (CAG) has found there has been "reckless allocation" of airspace to foreign airlines.

In the first-ever investment by a foreign airline in an Indian carrier, Jet Airways had in November 2013 announced plans to sell 24 per cent equity to Etihad Airways for about Rs 2,058 crore, as part of a strategic alliance that would lead to a major expansion in their global network.

Swamy had also sought a CBI probe against the government officials who had cleared the deal.