High Court (India)

September 27, 2019

Delhi HC Seeks Response To Subramanian Swamy’s Plea To ED To Submit Its Status Report On Probe Into AirAsia Case


[ By Bobby Anthony ]

AirAsia

The Delhi High Court has sought a response to an application filed by Subramanian Swamy after he sought a direction to the Enforcement Directorate (ED) to submit its status report on its probe into allegations of irregular FIPB clearance to AirAsia (India) Private Limited.

Swamy had sought a direction to the ED to submit its status report on the probe into allegations of irregular Foreign Investment Promotion Board (FIPB) clearance granted by to the airline.

In his writ petition, Swamy had contended that the FIPB approval granted to AirAsia was in violation of the Foreign Direct Investment (FDI) policy.

Air Asia is a joint venture between the Malaysian company, AirAsia Investment Ltd, Tata Sons Ltd and Telestra Tradeplace Private Limited. Swamy contended that the clearance violated the FDI policy, since neither of these Indian companies is a domestic airline operator and FDI is not allowed in “greenfield” companies.

He had also sought a direction to the Enforcement Directorate (ED) to submit its status report on its probe into allegations of irregular FIPB clearance to the airline.

Swamy argued that it was imperative that status report by the Central Bureau of Investigation (CBI) as well as the ED in the case is taken on record.

He stated that he was forced to move an application for the ED's status report since the order passed by the court on July 11 had directed the CBI to submit its status report on the probe in a sealed cover.

After hearing Swamy, the court directed AirAsia to file its response to the plea, adding that the CBI status report which is in a sealed cover may be looked into during the next date of hearing.

The matter will come up for hearing on January 23.

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