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 25,2024

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Kolkata: Defence Minister Rajnath Singh or Transport Minister Nitin Gadkari could have been the prime minister, said Trinamool Congress supremo and West Bengal chief minister Mamata Banerjee, subtly taking a dig at the Bharatiya Janata Party leaders relegated to the second rung of the organisational echelons.

Banerjee’s nephew and the TMC general secretary Abhishek Banerjee, on the other hand, attempted to stoke trouble within the BJP’s unit in West Bengal, saying that at least 10 more state legislators of the saffron party were keen to join his party and in touch with him.

"You (Rajnath Singh) are surviving at the mercy of Modi (Prime Minister Narendra Modi). You are saluting Modi daily to save your chair. You or Nitin Gadkari could have been the PM (prime minister) today," the TMC supremo said in an election rally at Ausgram in Bolpur Lok Sabha constituency on Wednesday. "There would have been no problem...at least there would have been a gentleman in the chair who knows minimum courtesy," she added.

Banerjee was responding to Singh’s diatribe against herself and the TMC government led by her. The defence minister, who had addressed an election rally in Murshidabad on Sunday, had criticised the TMC government for alleged corruption and anarchy in West Bengal.

Singh had referred to the attacks on the Enforcement Directorate officials on January 5 during a raid at the residence of the TMC leader Sheikh Shahjahan at Sandeshkhali in North 24 Parganas district of the state. It was followed by an agitation by local women protesting against atrocities by Shahjahan and his aides known to be owing allegiance to the TMC.

Singh questioned how the state government, led by a woman as the chief minister, could allow such atrocities on women to take place. He went on to say that Banerjee had lost all ‘mamata’ (affection and compassion) for people.

Banerjee shared a cordial relationship with Singh since the days when they both were ministers in the central government led by then Prime Minister Atal Bihari Vajpayee. Singh avoided personally criticising Banerjee in the past.

He, however, went ballistic against Banerjee on Sunday, triggering a strong response from the TMC supremo on Wednesday.

"The BJP is trying to get into the game of breaking parties, but they can't win in it. They poached two of our MPs, and we replied by taking two of their MPs, Arjun Singh and Babul Supriyo. Recently, by using ED raids, they inducted Tapas Ray. At least 10 top leaders of the BJP are in the queue to join the TMC," Abhishek said in another election rally in Murshidabad on Wednesday.

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News Network
May 6,2024

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Several women, believed to be victims of Prajwal Revanna, have left their homes in Karnataka's Hassan district over the last ten days, according to media reports.

These departures reportedly come amid fear and stigma after their identities became public due to the circulating video clips showing the women who were allegedly sexually assaulted by Prajwal Revanna.

"The entire district is in H D Revanna’s control. You speak ill about them and chances are high that it will reach them, because the family and the party have a large following," a shopkeeper in Hagare - 20 km from Hassan – was quoted as saying by the news paper. 

Hassan is the bastion of the JD(S) supremo Deve Gowda, and Prajwal, his grandson, is the sitting MP.

The family of the woman whose complaint was the basis of the first FIR against Prajwal has now left their home, the publication reported, citing a neighbour who said, "The woman worked at Revanna’s house as a house help. Some of her videos started to circulate and then, her house was seen locked. We don’t know when she left."

Notably, a former Zilla Panchayat member has also filed a rape case against Prajwal, and in that village many women who worked for the party formerly are now incommunicado, a JD(S) leader told the publication. "We noticed many of the party women deleting their photos with Prajwal on social media. In some instances, men are questioning their wives about their association with the MP. It is shattering the lives of many women in the district," he said.

The local leader added that the former Zilla Panchayat member was there on April 24, but no one had seen the family since the videos came out.

The case is currently being probed by an SIT team and when they reached the Revanna residence, party workers were reportedly heard talking about the women. "I know this woman, she lived close to our residence and was very active in JD(S) activities. Her house is locked… she has small children," one said, as per IE.

Another shopkeeper added, "It was really wrong to reveal the faces of the women. I know some of them, and they have gone into hiding. We don’t know whether they can return."

He noted that it is impossible to survive in Hassan while fighting a case against the Revanna family.

While Prajwal's father, H D Revanna is in SIT custody, a Blue Corner notice has been issued against the sitting MP.

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News Network
April 27,2024

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"I always wanted to be in a bar fight," said a US police official after pinning a Black man down on the ground and kneeling on his neck. The man later died at a hospital.

Ohio Police have come under intense scrutiny following the release of body camera footage showing officers pinning a Black man to the ground in a bar, reminiscent of the events that led to George Floyd's death in 2020.

The video, released by the Canton Police Department, captured the moments leading up to the death of Frank Tyson, a 53-year-old man suspected of leaving the scene of a single-car accident on April 18.

In the footage, officers are seen confronting Tyson inside a bar, where an altercation quickly ensues. Despite Tyson's pleas for help and his repeated cries of "I can't breathe," officers wrestle him to the ground and handcuff him, with one officer applying pressure to his back near his neck while saying, "You're fine." 

Tyson continues to plead for relief while lying on the floor. After several minutes, officers notice his lack of responsiveness and proceed to administer CPR. Paramedics arrive on the scene and transport Tyson to a local hospital, where he later dies.

In the body cam footage, one police officer can be heard bragging about how he always wanted to be in a "bar fight" with one of the patrons of the establishment. 

The circumstances surrounding Tyson's death draw chilling parallels to George Floyd's fatal encounter with Minneapolis Police in 2020 which sparked global outrage. 

The officers involved in Tyson's case, identified as Beau Schoenegge and Camden Burch, have been placed on administrative leave pending an investigation by the Ohio Bureau of Criminal Investigation. 

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