New Delhi: The Supreme Court on Tuesday allowed Bharatiya Janata Party (BJP) leader Subramanian Swamy to challenge the bilateral agreement between India and the United Arab Emirates (UAE) to increase the number of flights between the two countries.

Swamy requested the court to stay seat-sharing agreements between India and the UAE, claiming they affect Indian interests.

A bench comprising chief justice T.S. Thakur and justice U.U. Lalit also instructed Swamy to make parties to this case other airlines which could have benefitted from this agreement. This is in complete contrast to the court’s earlier stand of declining to interfere in economic policy matters.

Interestingly, in May 2015, a bench led by former chief justice H.L. Dattu said that the court wouldn’t interfere in policy issues while refusing to stay the seat sharing agreement.

The court has been hearing a public interest litigation (PIL) filed by Swamy in 2013 against the alliance between Jet Airways and Abu Dhabi-based Etihad Airways. Etihad has a 24% stake in Jet Airways.

On 24 April, India allowed Abu Dhabi to increase the number of flights its airline Etihad Airways PJSC operated to and from India.

On the same day, Etihad signed a deal to take a 24% stake in Jet Airways (India) Ltd for $379 million. Mint reported in July 2013 about a correspondence trail that indicates that key members of the Indian government were very keen on ensuring that the deal be helped along in any way possible in order that commercial relations with the emirate could be restored.

The case will be heard next on 19 July.

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