Pakistan has declined Indian request to allow Prime Minister Narendra Modi's flight pass through Pakistani airspace for the upcoming visit to the United States. 

New Delhi had last week formally requested Islamabad to give permission for Modi's plane to use Pakistani airspace. All VVIP visits require, as part of the protocol, to inform foreign countries of the use of airspace. 

The rejection will be considered a violation of ICAO or International Civil Aviation Organization charter. Under the charter, except during war, denying the use of airspace by singling out cannot be done by any country. 

New Delhi can take Pakistan to ICAO where a heavy fine could be imposed. 

India's request had put Pakistan in a quandary as a no by Pakistan can be used at ICAO, causing an international embarrassment for violating global aviation rules, while a yes would have put Imran Khan government on backfoot domestically even as it intensifies the rhetoric against India over the decision to remove special status of Jammu and Kashmir.

PM Modi will be in the United States from September 21 to 27 where he will address the United Nations General Assembly (UNGA) among his other engagements. A massive diaspora event in Houston where he is scheduled to address a crowd of 50,000 is also planned. 

Earlier this month, India had requested Islamabad to allow President Ram Nath Kovind's plane to use the Pakistani airspace during his Europe visit but the request was rejected by the Islamic nation. 

Rejecting the Indian request, Pak Foreign Minister Shah Mahmood Qureshi had said, "Indian government had asked Pakistan to use its airspace for its President's movement. Given the current situation, we have decided not to give permission to India for this airspace usage."

India had expressed regret Pakistan's "futile" decision of not allowing President Kovind's plane to use the country's airspace.

Ministry of External Affairs in a statement said, "To deny overflight clearance for the VVIP special flight which is otherwise granted routinely by any normal country. We call upon Pakistan to recognise the futility of such unilateral actions."

Last month, India had requested Islamabad to grant the use of airspace for Prime minister Modi's visit to France which the country allowed despite the ongoing India-Pakistan tensions. 

This led to considerable political fallout in the country since on one hand, Imran government was castigating India on its August 5 decision to abrogate Article 370 and on the other hand allowing the use of airspace by Indian VVIPs. 

Pakistan government after a cabinet meeting had then announced that it was considering closing its airspace for India but airspace remains open and no decision has been taken regarding this.

Pakistan had closed its airspace on February 27 after India's counter-terror operation in Balakot on February 26 on the back of February 14 Pulwama attack that killed more than 40 Indian security personnel. 

The closure that lasted for more than four months had caused considerable problem globally especially to Afghans who could otherwise easily travel to India.