The Ministry of Civil Aviation is likely to contend that AirAsia India’s application for grant of the Air Operator Permit is not a new scheme and hence it would not violate the ongoing electoral code of conduct.

The Ministry has observed that the issuance of the permit, which is subject to the decision of the Delhi High Court, is not a new scheme and does not involve any sanctions or expenditure from the government. The Ministry has made its position clear in a communication to the Election Commission in response to a letter by BJP leader Subramanian Swamy. In the letter, Swamy had stated that “it would be wholly invalid and ultra vires the model code” if the AirAsia joint venture as well as the Tata-Singapore Airlines (SIA) proposal for new airlines receives the Air Operator Permit after March 5, 2014.

All indications are that the Ministry may take a similar stance in the case of the Tata-SIA proposal .A copy of the Ministry’s letter, which was addressed to K Ajaya Kumar, Principal Secretary, ECI, was seen by Business Line . The Ministry notes in the letter that AirAsia applied for the permission on October 18, 2013, much before the commencement of the model code of conduct.

Undetermined Outcome The Ministry also said that the issuance of the final Air Operator’s Permit is subject to the applicant company fulfilling all conditions and requirements including conducting a route proving flight and getting its manuals approved. The letter adds that the “outcome cannot be stated at this point of time since the process is still on. The decision shall be subject to the decision of Honourable Delhi High court.” The development comes at a time when AirAsia is waiting to receive the Air Operator’s Permit, though the subjections/objections stage has been cleared. The permit is needed to start operations.

Related Topics
comment COMMENT NOW