A bench comprising, Justices B S Chauhan and S A Bobde, said it was not making any observation on merits of the matter and asked Swamy to move the high court.
"We want to have the advantage of the high court judgement," the apex court bench said while giving Swamy liberty to file the public interest litigation (PIL) in the high court.
"We are at this moment not on the merits. It must be a good case in merits," the bench said while making it clear that his fundamental right to file the PIL in national interest can be enforced by the high court also.
"Every thing is ready. Don't take time to go to the High Court," the bench told Swamy whose Janata Party recently merged with BJP.
He said Foreign Investment Promotion Board (FIPB) cleared the proposal but the airline does not exist and FIPB cannot give nod to greenfield projects.
Singhvi said this PIL could be on behalf of a trade rival.
"He claims it to be in public interest but there is not a single line in the petition that it is in public interest," he said.
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