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Russia diplomatic row over Aeroflot: AG to plead for ‘reasonable order’ citing collateral damage today

06 Jun 2022

  • Aviation Minister Nimal Siripala says ‘Balance of Convenience’ must be considered
Minister of Ports, Shipping, and Aviation Nimal Siripala de Silva said yesterday (5) that the Attorney General (AG) will make submissions to court today (6) regarding the third parties that were affected as a result of the order issued by the Colombo Commercial High Court last week to ground the PJSC Aeroflot – Russian Airlines Aircraft No. (MSN) 1301. “I informed the Russian Embassy thrice that this is not a problem between our two countries, but that it was an order given by a commercial court. A total of 191 passengers were stranded as a result of the order and there was adverse publicity although the Government of Sri Lanka (GoSL) and the people of Sri Lanka are not responsible,” said De Silva, addressing a media briefing held yesterday.  “Our tourism industry and dollar income are affected. So the AG will go to court and make representations on these matters, because as a result of this enjoining order, so many third parties have been affected – passengers, the economy, and tourism. The theory of the ‘Balance of Convenience’ has to be taken into account. The AG will make submissions and will plead to the court to issue a reasonable order in this case.” Earlier, Colombo’s Commercial High Court satisfied a complaint filed by Ireland’s Celestial Aviation Trading Ltd. leasing company against Aeroflot and banned its Airbus A330 jet from leaving Sri Lanka until 16 June. The aircraft was scheduled to depart from the Bandaranaike International Airport (BIA) on 2 June with 191 passengers and 13 crew members. A court hearing to lift the seizure of the aircraft is scheduled for 8 June 2022. “The complainant is Celestial Aviation Trading Ireland Limited and Aeroflot – Russian Airlines in Moscow was named as the first defendant, while Airport and Aviation Services (Sri Lanka) (Pvt.) Ltd. (AASL) was named the second defendant. Celestial Aviation has said that the aircraft, which belongs to Celestial, was leased to Aeroflot. However, they have alleged that the monthly lease has not been paid properly and requested a court order to seize it,” said De Silva. De Silva explained that on the following day, the AASL had asked for a clarification from the court as to what its responsibility in the matter is. Based on the submissions made by both parties, the judge had ruled that there is no enjoining order related to the second defendant (AASL). “The Commercial High Court of Colombo hearing this matter on 3 June 2022 on motions filed by Aeroflot – Russian Airlines and Head of Air Navigation Services of AASL (second Defendant) obtained a clarification on the effect of the said enjoining order and the High Court judge informed that there was no enjoining order and any type of Interim Injunction issued against the second Defendant (AASL),” AASL said in a press release last Friday (3). “Thus, we are relieved from this – we can let the aircraft go now,” added De Silva. Accordingly, the Civil Aviation Authority (CAA) has informed Aeroflot and the Russian Embassy that if a request is made, the CAA is able to allow the aircraft to fly out. “However, they did not make such a request, probably because they thought that they may face allegations that they disrespected the court due to the enjoining order. We have not done anything wrong, and acted within the law,” said De Silva. Following the Court order on 2 June, Aeroflot announced that it was suspending commercial flights to Sri Lanka due to an “unreliable situation in terms of the airline’s unobstructed flights to Sri Lanka”. “The sales of tickets to Colombo have been temporarily shut down,” Russian state-owned news agency TASS stated, quoting the airline. Meanwhile, the Russian Foreign Ministry summoned Sri Lankan Ambassador to Russia Janitha Abeywickrama Liyanage regarding the matter. In a statement about the incident, the Russian Foreign Ministry has said that Liyanage has expressed her protest over the decision to ground the flight and the Ministry had urged Sri Lanka to settle the problem to “avoid negative effects on traditional friendly bilateral relations”. “The head of the diplomatic mission expressed protest over the groundless decision by Sri Lanka’s judicial authorities to detain a regular Aeroflot flight preparing to depart for Moscow at Bandaranaike International Airport on 2 June,” the Russian Foreign Ministry said. “We urged the Sri Lankan side to settle this problem as soon as possible to avoid its negative impact on traditionally friendly bilateral relations.” The Sri Lankan Ministry of Foreign Affairs said in a statement last Saturday (4) that “the matter is still pending final determination of the court. This matter is also under consultation through normal diplomatic channels”. Meanwhile, Prime Minister Ranil Wickremesinghe has informed Russia through the Foreign Ministry that the issue over the Aeroflot passenger aircraft is not between the two countries, but is a private legal issue. The Premier further assured that Sri Lanka’s Minister of Justice has been informed to expedite the process of the court case. Wickremesinghe has directed the Foreign Secretary to speak to the Russian Foreign Ministry and explain the matter, and to further clarify that the enjoining order had nothing to do with the Sri Lankan Government.  

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