The Union of India submitted to the Supreme Court that the bilateral Air Service Agreement between India and UAE is in pursuance of the Chicago convention and it is a treaty between two sovereign countries and scope of judicial review is limited.
The Supreme Court was hearing the matter (Subramanian Swamy vs. Union of India) regarding bilateral Air Service Agreement between India and UAE, in which Jet Airways and Etihad Airways are respondents.
Swamy, meanwhile, submitted in the court that the agreement was entered into and contrived to please the emir of Abu Dhabi after his spectrum license was cancelled by the UOI. While the previous government had entered into the agreement, the current government is defending it.
The bench of Chief Justice of India and Justice UU Lalit has directed Swamy to firstly amend his petition to the effect that the specific agreement is challenged and to implead other airlines are affected by the agreement. Swamy has to comply within two weeks and Union of India has to file its counter within four weeks thereafter, and rejoinder, if any, within two weeks thereafter.
The matter is listed for July 19.