Justice Loya case: SC dismisses review plea

New Delhi, May 7: Air India has opened bookings for eligible foreign nationals and valid visa holders of the UK, the USA and Singapore for outbound repatriation flights that will be operated between May 7 and May 14 under the Vande Bharat mission, officials said.

Foreign nationals or valid visa holders will be charged the same fare as Indian nationals who want a seat on the inbound repatriation flights, they said.

For all flights between India and the USA under the Vande Bharat mission, Air India is charging a fixed fare of Rs 1 lakh per passenger.

For flights between India and Singapore, the charge is Rs 18,000-20,000 per passenger, and it is Rs 50,000 per person for India-UK flights.

On Tuesday, the Ministry of Home Affairs had clarified that a person who has an Overseas Indian Citizenship (OCI) card, or citizenship of a foreign country, or a valid visa of more than one year of that country, or the green card of that country can travel on repatriation flights leaving India under the Vande Bharat mission.

Air India will be conducting 64 flights to 12 countries between May 7 and May 13 to bring back approximately 15,000 Indians stranded due to the coronavirus-induced lockdown, Civil Aviation Minister Hardeep Singh Puri had announced on Tuesday.

However, some flights have been delayed and therefore, this set of 64 flights will be operated between May 7 and May 14, the airline officials said.

On Wednesday, an Indian businessman and his cook landed at Delhi airport from Lusaka in Zambia in a plane that was supposed to come without any passengers, senior government officials said.

The private chartered aircraft was scheduled to come empty and take around 40 Zambian nationals to Lusaka in a repatriation flight, they added.

"We had not permitted any incoming passengers. We will seek explanation from the airline (private operator) as to how it happened. BOI (Bureau of Immigration) has a very stringent protocol for dealing with such deviations, which must have been acted upon," said a senior official of aviation regulator DGCA.

It is not clear if the businessman and his cook were deported or sent to a quarantine facility within India.

India has been under a lockdown since March 25 to curb the spread of the novel coronavirus. All scheduled commercial passenger flights have been suspended during the lockdown.

However, cargo flights, medical evacuation flights and special flights permitted by Directorate General of Civil Aviation (DGCA) have been allowed to operate during this time.

New Delhi, Jul 21: The Supreme Court has asked the Ministry of Finance to look into a plea which claimed a loss of hundreds of crore every day, as the public sector banks are not invoking personal guarantees of big corporates who have defaulted on loans.

A bench comprising Justice R. F. Nariman and Navin Sinha asked the petitioners, Saurabh Jain and Rahul Sharma, who filed the PIL, to move the Finance Ministry with a representation within two weeks. The top court observed that the issue is important and the ministry should respond after the petitioner has made the representation before it. The matter had come up for hearing on Monday.

"We are of the view that at page 115 of the Writ Petition it has been made clear that the Ministry of Finance itself has, by a Circular, directed personal guarantees issued by promoters/managerial personnel to be invoked. According to the petitioners, despite this Circular, Public Sector Undertakings continue not to invoke such guarantees resulting in huge loss not only to the public exchequer but also to the common man", said the bench in its order.

Senior advocate Manan Mishra and advocate Durga Dutt, represented the petitioners.

Mishra contended before the bench that the statistics establish the public sector banks incurred a loss of approximately Rs 1.85 lakh crore in a financial year, and the banks did not take action to invoke personal guarantees of the biggest corporate defaulters.

The bench observed that since the petitioners claim the public sector undertakings are not complying with this circular, "We think you should first go to the ministry," said the bench.

Mishra argued before the bench that the loans from a common man are recovered through a mechanism where officials go through even the minutest detail, but promoters, chairpersons and other senior level functionaries of the big corporates find it convenient to get away by defaulting on loans.

The bench told the petitioner's counsel that the Finance Ministry has already issued a notification on this matter, and the petitioners should seek response from the ministry, and then move the top court. Mishra submitted before the bench to issue a direction to the Finance Ministry to give a response on their representation.

The bench said, "We allow the petitioners, at this stage, to withdraw this Writ Petition and approach the Ministry of Finance with a representation in this behalf. The representation will be made within a period of two weeks from today. The Ministry of Finance is directed to reply to the said representation within a period of four weeks after receiving such representation. With these observations, the petition is allowed to be withdrawn to do the needful."

Mishra contended before the bench seeking liberty to come back after a reply from the Finance Ministry. Justice Nariman said this option is open for petitioners after a decision has been taken by the ministry. "We will hear you", added Justice Nariman.

Jun 23: The U.S. government on Monday restricted charter flights from India, accusing the nation of "unfair and discriminatory practices" by violating a treaty governing aviation between the two countries.

Air India Ltd. has been making flights to repatriate its citizens during the travel disruptions caused by the Covid-19 outbreak, but also has been selling tickets to the public, the Transportation Department alleged.

At the same time, U.S. airlines have been prohibited from flying to India by aviation regulators there, the DOT said in its order. The situation "creates a competitive disadvantage for U.S. carriers," the agency said in a press release.

Air India is advertising a schedule that is more than half of pre-virus operations, the department said. "The charters go beyond true repatriations, and it appears that Air India may be using repatriation charters as a way of circumventing" that nation's flight restrictions, the U.S. agency said.

The order becomes effective in 30 days, the department said.

Indian airlines must apply to the DOT for authorization before conducting charter flights so that it can scrutinize them more closely, it said. The department will reconsider the restrictions once India lifts restrictions on U.S. carriers.

The action against India follows weeks of DOT restrictions against Chinese airlines after the U.S. agency accused that nation of unfairly banning American carriers in the wake of the virus. On June 15, the U.S. announced it would agree to allow four flights a week from China after it allowed the same number by U.S. carriers.

Attempts to reach Air India and the Indian embassy in Washington after business hours were unsuccessful.