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This is an archive article published on October 24, 2007

HC rejects PIL against aviation policy

The Delhi High Court on Wednesday refused to take cognisance of a PIL challenging a clause in the draft civil aviation policy to waive five years of domestic flying as a pre-condition for private airlines to operate overseas.

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The Delhi High Court on Wednesday refused to take cognisance of a PIL challenging a clause in the draft civil aviation policy to waive five years of domestic flying as a pre-condition for private airlines to operate overseas.

“We cannot guide the Government how to frame the policy at this stage as it is going to be an intervention into the policy matters,” a Bench comprising Chief Justice M K Sharma and Justice Sanjeev Khanna observed. “Changes in the policy are currently under consideration and the Group of Ministers has to decide. Let them make changes, then you come to us,” the court said giving liberty to the petitioner Social Action Forum For Manav Adhikar (SAFMA), an NGO, who filed the petition.

The PIL had challenged a new version of the National Aviation Policy 2005, which only allowed Indian carriers with five years of domestic flying experience coupled with a minimum fleet of 20 aircraft to schedule flights abroad.

The petition said the proposed amendments in the aviation policy — pending nod from a 12-member Group of Ministers, headed by External Affairs Minister Pranab Mukherjee — was met with disapproval from various Union ministries.

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