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Apex court bars airlines from charging transaction fees

[email protected] (DHNS)
January 24, 2013

court_apexNew Delhi, Jan 24: In a relief to air passengers, the Supreme Court on Wednesday barred all airlines from charging transaction fees from flyers.

A bench of justices D K Jain and Madan B Lokur also pulled up the Director General of Civil Aviation (DGCA) for failing to ensure that the passengers were not burdened with such charges.

Air passengers are made to pay transaction fees varying between three to six per cent of the total fare by travel agents for booking flights.

The bench also expressed displeasure over the DGCA failing to enforce its December 17 circular, restraining the airlines from levying transaction fees. The court said its restraint order will be in operation until the appellate authority takes a call on the matter, since the Federation of Indian Airlines had challenged the validity of the circular before the secretary of the Civil Aviation Ministry.

Representing FIA, senior counsel U U Lalit submitted that the airlines had approached the Delhi High Court on Tuesday, which had told them to approach the appellate authority, besides directing that no coercive action will be taken against them by the DGCA.

The apex court brushed aside the plea saying that there was no stay on the circular.

“But it does not mean that you can continue charging. There is no stay of the circular. We are of the view that the December 17 circular is still in force. Hence, transaction fee cannot be charged as a part of the total fare. You can not start charging it again under a different nomenclature,” the court said.

During the hearing, the bench also directed the DGCA to examine the tariff structure and how the base fare was being charged even though a ticket was booked seven days in advance.

“There are several bands for fixing the base price which in certain cases range from Rs 1,120 to Rs 36,000. We are of prima facie view that regarding wide range of basic fair, it will be necessary for the DGCA to examine the tariff structure of the airlines,” the bench said.

It also noted that there were no criteria with regard to fare bands and no transparency on availability of seats.

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Agencies
July 30,2020

Kochi, Jul 30: The Kerala High Court on Thursday refused to grant the extension for the stay of a 74-year-old US citizen, Johnny Paul Pierce, who had earlier said that he felt safer to remain in India than in the United States amid the COVID-19 pandemic.

The single-judge bench of Justice CS Dias, which considered the writ petition, observed that the grant or extension of visa to foreign nationals fall exclusively within the domain of the Government of India (GoI) and that judicial review in such matters is minimal.

The power of the GoI to expel foreigners is absolute and unlimited, the bench said.

"In view of the categoric declaration of law by the Supreme Court, the plea of the petitioner to permit him to stay back in India cannot be accepted, as it falls within the purview of the guidelines and the discretion of the Government of India," the order said.

"The petitioner cannot be heard that the guidelines/policies/regulations formulated by the Government of India, that an American national though has been granted a visa having validity of five years has to leave India within 180 days, is irrational or unreasonable," it added.

The High Court, which was hearing a plea to permit the US citizen to stay in India for a further period of six months, said that the petitioner does not have a case that there is an infraction of Article 21 of the Constitution of India.

"The petitioner was well aware of the visa conditions when he arrived in India, and it is too late in the day for him to raise a grievance on the visa conditions," the bench said noting that the petitioner's love for India was heartening.

The High Court also directed the Foreigners Registration Officer to consider the petitioner's representation within a period of two weeks in accordance with the applicable guidelines and policies.

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News Network
February 2,2020

Mumbai, Feb 2: Kerala Chief Minister Pinarayi Vijayan on Sunday slammed the BJP-led central government on the Citizenship Amendment Act (CAA) and said that the new law only serves the objectives of the Sangh Parivar of turning India into a Hindu Rashtra.

He said that in order to achieve their objectives, the "communal elements" are trying to divide India's people through the same strategy as employed by the British colonisers in the past.

Lauding people in Mumbai for their protests against CAA, the National Register of Citizens (NRC) and the National Population Register (NPR), the Kerala chief minister also outlined three reasons for his government's decision to reject the Citizenship Amendment Act.

"Over the last several weeks, Mumbai citizens made clear their unyielding opposition to efforts made by Hindutva elements to tear apart the secular fabric of our society. I express solidarity with struggles being made across the city in defence of secularism and the Indian Constitution," Vijayan said at an event here.

The chief minister was addressing the 'Mumbai Collective' here on the topic of 'National struggle against communalism'.

"The government of Kerala is acting as per the Constitution. Like Kerala, other states are also looking at CAA as against the fundamentals of the Constitution. It (CAA) violates basic human rights and is divisive and deeply discriminatory," CM Vijayan said, adding that the new citizenship law only furthers the Sangh Parivar's objective of creating a Hindu Rashtra.

He said the CAA needs to be rejected for three basic reasons.

"First, it is against the letter and spirit of our Constitution. Secondly, it is highly discriminatory and violative of human rights. Thirdly, it seeks to impose philosophy of Sangh Parivar with its mission of Hindu Rashtra," the chief minister said.

Vijayan also participated in the human chain organised by Left Democratic Front (LDF) against CAA and NRC and said that "the law is a threat to the secularism of this country".

The newly enacted law is facing stiff opposition across the country with several non-NDA states including Kerala, West Bengal, Rajasthan and Punjab refusing to implement it.

Rajasthan, Kerala and Punjab have passed resolutions against the recently amended law in their respective state Assemblies.

The CAA grants citizenship to Hindus, Sikhs, Jains, Parsis, Buddhists and Christians fleeing religious persecution from Pakistan, Afghanistan and Bangladesh and who came to India on or before December 31, 2014.

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March 31,2020

New Delhi, Mar 31: India is likely to blacklist about 300 foreigners who came from 16 countries, including Malaysia and Thailand, on tourist visas but attended an Islamic congregation at Nizamuddin here that has become a key source for the spread of coronavirus in the country, officials said on Tuesday.

These foreigners were among around 8,000 people who attended the Tabligh-e-Jamaat at Nizamuddin Markaz facility in March, many of whom have shown symptoms of COVID-19, a Union Home Ministry officlal said.

About 30 of those who attended the Nizamuddin event in mid-March tested positive and at least three have succumbed to the infection in last few days.

"Those who came on tourist visa but attended the Nizamuddin event stands being in our blacklist as they have violated the visa conditions. Tourist visa holders can't attend religious function," a Union Home ministry official said.

If a foreigner is put in the Home ministry's blacklist, he or she can't travel to India in future.

A total of 281 foreigners were found by the police at the Nizamuddin campus in the last two days.

They include 19 people from Nepal, 20 people from Malaysia, one from Afghanistan, 33 from Myanmar, one from Algeria, one from Djibouti, 28 from Kyrgystan, 72 from Indonesia, 7 from Thailand, 34 from Sri Lanka, 19 from Bangladesh, three from England, one from Singapore, four from Fiji, one from France and one from Kuwait.

Most of these foreigners came on a tourist visa, an official said.

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