"We cannot guide them (government) how to frame the policy at this stage as it is going to be an intervention into the policy matter," a bench comprising Chief Justice M K Sharma and Justice Sanjeev Khanna said.
"Changes in the policy is under consideration and the group of ministers has to decide. Let them make changes then you come to us," the court further said giving liberty to the petitioner SAFMA, an NGO, to approach it after the final decision is taken by the government.
Chetan Sharma, counsel for the NGO, agreed to withdraw the petition.
The petition filed by Social Action Forum For Manav Adhikar sought continuance of the rules/norms prescribed in the National Aviation Policy, 2005, which says that only those Indian carriers that have five years of domestic flying experience and have a minimum fleet size of 20
aircraft are allowed to operate services on overseas routes.
The NGO submitted that the proposed amendments in aviation policy, pending approval with a 12-member group of ministers, headed by External Affairs Minister Pranab Mukherjee, has been opposed by Defence, Home, Foreign, railways and law ministries for various reasons.
The proposed changes calling for waiving the five-year domestic flying requirement and the minimum fleet size are neither in sync with the aviation policy nor in line with the security concerns of the country, the PIL said.
