The judges directed to file a status report on the following aspects:- How many flights so far provided to rescue the citizens and how many citizens are evacuated till today to TN? How many Indians all over country have registered abroad to come to TN ?
Lakhs and Lakhs of indian citizens are stranded in Singapore, Malaysia, Dubai, Qattar, Abudhabi and other parts of UAE, Australia, US, UK, Srilanka, Africa , Newzealand and other countries due to COVID lock down and are unable to come in to TN.
The govt of india on 26.5.2020 framed a standard operating procedure for handling foreign flights. When the evacuation flights from foreign countries landed in other states, however in TN the landing of flights was stoutly refused by state government.
Today when the matter came before Division Bench comprising of Hon’ble Justice Vineeth Kothari and Hon’ble Justice Suresh Kumar,
Mr P. Wilson Senior Advocate submitted the following arguments :-
Foreign affairs, Civil Aviation Aircraft, Airport are all List I subjects vested with Central govt and they alone has power to deal with landing of flights and state has no power to stop landing of flights in TN Airports.
The phase Air India Evacuation Schedule flights for the period from 10.6. 2020 to 1.7. 2020 shows that out of 356 flights operated by Central government to bring stranded Indians in to India , only two flights viz from Manila (16.6.2020) and Bangkok (17.6.2020) are allowed to land in Chennai in the said dates.
Even the flights scheduled to take off to foreign countries on the above said dates, out of 203 flights only two flights viz – for Manila(16.6.2020 )and Bangkok (17.6.2020) alone are allowed to be flown from Chennai.
The Indian high commission at Singapore has sent a message to DMK MP that TN state govt is not allowing flights to land.
The Newzealand High commission has said about 130 Indian citizens destined to TN are stranded
50,000 Indians are stranded in Singapore and 1 lakh in UAE and thousands in other parts of countries like Malaysia, Africa UK ,US are not able to be rescued because of TN govt decision not allowing landing of flights in TN.
Since the stranded Indians ,some of them are pregnant women ,are struggling for want of money, food Medicine and accommodation, and suffering a lot, the court should issue directions to the state government to permit landing .
The ASG appearing for central government submitted that state is against landing of flights in TN and hence we are not in a position to provide flights.
After hearing the arguments of all counsels, The Learned Judges observed that state government has no power to prevent landing of flights as the central government alone has the power.
Since standard operating procedure is already framed by central government to deal with foreign flights, the state has to follow the same.
The judges directed to file a status report on the following aspects:-
How many flights so far provided to rescue the citizens and how many citizens are evacuated till today to TN?
How many Indians all over country have registered abroad to come to TN ?
What is the action plan to bring all these Indians in to TN?
Whether more number of flights can be operated to rescue the Indians?
Give details of persons stranded who want to return to India
No. Of flights operated so far to bring back persons to India and TN
Plan of UOI to bring back remaining stranded people.
Details of relief being provided to persons stranded in various places
Hon’ble Court also directed State to report about permissions given for such flight operations.
No. Of requests given by airline companies, decision of State on those request.
The case is posted on 19.6.2020 for furnishing details and further orders.
