India-Gulf flights: Court asks DGCA representation to hear petition filed by expat group over unreasonable airfares

News Network
August 24, 2022

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A High Court in India has asked a representation from the Directorate General of Civil Aviation (DGCA) to hear a writ petition challenging the exorbitant prices of air tickets on flights operating between Gulf countries and India.

The petition, filed by Delhi-based political group Kerala Pravasi Association, in Delhi High Court challenged Rule 135(1) of the Aircraft Rules, 1937, stating that it is vague, arbitrary and unconstitutional.

The petition to the Court noted that airlines have been charging unreasonable, excessive, and prohibitive airfares for travel from the Gulf region countries to Kerala and the rest of India.

“Resultantly, Indian citizens who wish to travel to and from these countries primarily for employment, business, and education are facing grave impediments,” read the petition.

“Furthermore, it is submitted that such unreasonable and exorbitant airfares impose restrictions on air travel as a mode of transportation and, thereby, infringe the constitutionally protected rights of the Indian passengers to or from Gulf countries,” it added.

“I35. Tariff- (1) Every air transport undertaking operating by sub-rules (I) and (2) of rule 134 shall establish a tariff having regard to all relevant factors, including the cost of operation, characteristics of service, reasonable profit and the generally prevailing tariff.”

Although Rule 135(4) of the Aircraft Rules, 1937 (‘Rules’) empowers DGCA to issue directions to an airline in case it has established excessive tariff under Rule 135(1) or has indulged in oligopolistic practice; the said provision is rendered ineffectual on account of the arbitrary and unbridled powers given under Rule 135(1) of the Rules to the airlines to establish tariff.

The petitioners, Kerala Pravasi Association, seek urgent interim relief concerning tariffs established by the airline or the scrapping of Rule 135(1). According to senior members of the NRI association, this may be the first time a writ petition has been filed challenging rule 135(1). Kerala Pravasi Association is a political party registered with the Election Commission of India, and the group has chapters in various countries worldwide, including the UAE.

The petition on behalf of the NRI group was filed by senior Supreme Court advocate and managing partner at KNPM Law Kuriakose Varghese. Peak season India-UAE airfares can hike up to anything between Dh 1,500 to Dh 3,000, depending on the sector the passenger is flying. Kerala sector flights are among the most expensive, said Rajendran Vellapalath, the chairman of the Kerala Pravasi Association.

Varghese said, “The writ challenges Rule 135 (1) of Aircraft Rules, 1937. The pricing of airfares has to adhere to certain reasonable limits. Based on what the Court has ruled, we will not find a representation for the DGCA and take matters forward from there.”

Varghese said the practice of charging airfares based on market rates makes it highly lucrative and discretionary.

Vellapalath explained, “We are glad the High Court has not quashed our petition. Instead, we have been asked to speak with the DGCA. Based on their response, we are willing to take matters to the Supreme Court of India.”

However, while petitions of this nature have been filed before, not many courts get involved in such matters as they are tricky, stated Varghese.

“This is a matter of law being linked to economics. It is a very grey area of operation, and there is no transparency on the matter as stakeholders generally adopt a take it or leave it attitude, especially during peak travel time,” he added.

Moreover, several members of the Indian Parliament, community groups in the UAE, travel agencies, and other non-profit bodies have also raised this issue to no avail.

Vellapalath added, “When two countries are involved in bilateral discussions, the civil aviation governing body can determine what sort of fare needs to be levied on passengers travelling between the sectors. The government can place a minimum or maximum cap on the ticket prices.”

“The government capped prices on domestic flights during peak Covid-19. Why can’t the same be done for international airlines as well,” asked Vellapalath

According to Vellapalath, airlines have always maintained a lower capacity of operations between Gulf sectors to India during peak season. “The role of the government is to help its people, not allow airlines to make a profile. If there is a shortage of capacity, then let them increase it. The public must not be fleeced,” argued Vellapalath.

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News Network
April 14,2024

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Tehran: Iran’s Islamic Revolution Guards Corps (IRGC) has launched “extensive” retaliatory missile and drone strikes against the occupied territories in response to the Israeli regime’s terrorist attack of April 1 against the Islamic Republic’s diplomatic premises in the Syrian capital Damascus.

The Corps announced launching the strikes in a statement on Saturday night, defining the mission as "Operation True Promise."

“In response to the Zionist regime’s numerous crimes, including the attack on the consular section of Iran’s Embassy in Damascus and the martyrdom of a number of our country’s commanders and military advisors in Syria, the IRGC’s Aerospace Division launched tens of missiles and drones against certain targets inside the occupied territories,” the statement read.

Iran's Defense Minister Brigadier General Mohammad Reza Ashtiani, meanwhile, warned that “Whatever country that could open its soil or airspace to Israel for a [potential] attack on Iran, will receive our decisive response.”

The Israeli attack had resulted in the martyrdom of Brigadier General Mohammad Reza Zahedi, a commander of the IRGC's Quds Force, his deputy, General Mohammad Hadi Haji Rahimi, and five of their accompanying officers.

The terrorist attack drew sharp condemnation from senior Iranian political and military leaders, who vowed "definitive revenge."

During a speech in Tehran on Wednesday after leading the Eid al-Fitr prayers, Leader of the Islamic Revolution Ayatollah Seyyed Ali Khamenei said the Israeli regime “must be punished and will be punished” for the deadly strike on the Iranian diplomatic premises.

The Leader added, “The evil Zionist regime committed another mistake ...  and that was the attack on the Iranian consulate in Syria. The consulate and diplomatic missions in any country are considered to be the territory of that country. When they attack our consulate, it means they have attacked our soil."

In a subsequent statement, the IRGC said the retaliation came after 10 days of "silence and neglect" on the part of the international organizations, especially the United Nations Security Council, to condemn the Israeli aggression or punish the regime in line with Article 7 of the UN Charter.

Iran then resorted to the retaliatory strikes, the Corps added, "using its strategic intelligence capabilities, missiles, and drones" to attack "targets of the Zionist terrorist army in the occupied territories, successfully hitting and destroying them."

The statement, meanwhile, warned the United States -- the Israeli regime's biggest supporter -- that "any support or participation in harming Iran's interests will result in a decisive and regrettable response by the Armed Forces of the Islamic Republic."

"Furthermore, America is held responsible for the evil actions of the Zionist regime, and if this child-killing regime is not restrained in the region, it will bear the consequences," it noted.

The Corps concluded the statement by cautioning third countries against letting their soil or airspace be used for attacks against the Islamic Republic.

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News Network
April 24,2024

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Pro-Gaza US protesters in New York's Columbia University say they will stay put despite the university's harassment and police crackdown.

The protesters said they refuse to concede to "cowardly threats and blatant intimidation" by university administration, asserting that they will continue to peacefully protest.

Columbia University threatened the students with the national guard after refusing to bargain in good faith.

The university announced a midnight deadline for talks regarding the removal of pro-Palestine encampments on the varsity campus, warning that their campsite will be forcefully cleared by police if no agreement is reached.

The university campus is being used as a campsite for hundreds of pro-Palestine protesters and other activists, who have gathered and set up numerous tents.

Pro-Palestinian protests at colleges have demanded that their universities divest from corporations doing business with Israel or profiting off the war in Gaza. At Columbia, protesters have also asked the university to end a dual-degree program with Tel Aviv University.

The deadline was announced by Columbia University President Minouche Shafik late Tuesday, as authorities across major American universities have launched their repression campaigns against the pro-Palestinian protests on campuses, amid rising anger over US's support for Israel. 

Shafik has issued a midnight deadline to protesters and organizers, warning that failure to comply will result in the forcible clearance of the camp by the New York Police Department (NYPD).

The university has engaged in discussions with student leaders behind the protests, which are part of a series of protests taking place at various colleges nationwide and resulting in multiple arrests.

The purpose of these talks is to address the encampment on the west lawn of Columbia's Morningside Heights campus.

American universities are grappling with the challenge of maintaining a delicate balance between the right to protest and freedom of speech, while also ensuring campus rules and safety, as tensions surrounding the ongoing war in Gaza continue to permeate across campuses.

Meanwhile, Shafik underscored the importance of free speech and the right to demonstrate, but highlighted significant safety issues, disruptions to campus activities, and a strained environment due to the encampment. She firmly stated that any form of intimidation, harassment, or discrimination would not be accepted.

The arrest of more than 100 protesters at Columbia University last week led to more campus demonstrations, at New York University, Yale, and the University of California, Berkeley.

Palestinian university professor Sami al-Arian said what is happening across US university campuses is unprecedented.

Al-Arian said, "I lived four decades in the US, 28 years of which were in academic settings. During my time, it was a very challenging struggle to present an anti-Zionist narrative."

"But the passion, courage, humanity, creativity, and determination displayed these days by students across US campuses make me proud. The Zionist grip on US society is weakening and waning."

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News Network
April 21,2024

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Austrian police authorities have arrested the director of a Palestinian news agency based in the Gaza Strip, which is aligned with the Hamas resistance movement, following spurious allegations and intense pressure from the Tel Aviv regime’s officials.

Gaza Now News Network wrote in a post published on the social media platform X, formerly known as Twitter, that “the occupying Israeli regime is trying hard to prosecute anyone connected to the Palestinian media as part of attempts to silence the voice of wounded Gaza and stop disclosure of the Palestinian nation’s sufferings and the massacres being committed against women, children and the elderly.”

It added, “The latest of such attempts was the prosecution of Palestinian-born journalist Mustafa Ayyash. Austrian police stormed his house, tampered with his personal belongings, confiscated electronic devices, arrested him and his wife, and took him for interrogation.”

Gaza Now noted that the Austrian police hacked its WhatsApp account, which is followed by 300,000 users, and closed it down. They also shut the news network’s Facebook pages and accounts, which are followed by some eight million users.

It underscored that Israeli officials threaten Ayyash from time to time with prosecution and assassination, and hamper the activities of the news network on social media platforms.

This comes as the Israeli military had earlier targeted Ayyash's family and killed scores of his relatives in a series of airstrikes in late November ahead of a temporary ceasefire.

The Permanent Observer of Palestine at the United Nations Salah Abdel-Shafi and Chairman of Hamas Political Bureau Ismail Haniyeh mourned the death of his family.

Back on March 27, US and UK authorities unveiled sanctions against two people and three companies related to Gaza Now over alleged fundraising efforts “in support of Hamas.”

The Treasury Department said in a statement that Gaza Now, whose popular Telegram channel has more than 1.8 million followers, and its founder started fundraising for Hamas after the movement’s Operation al-Aqsa Storm against Israel on October 7.

The US also slapped sanctions against Aozma Sultana, the director of two companies that allegedly gave “thousands of dollars to Gaza Now and advertised Gaza Now as a partner during a joint fundraiser shortly after the large-scale surprise attack.”

Separately, the UK Treasury announced a full asset freeze against two individuals suspected of providing financial support for Gaza Now.

“All funds and economic resources in the UK belonging to or controlled by Sultana and Ayyash have been frozen,” they added.

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