'Are You Helpless?': Delhi High Court Questions Centre Over Indigo Crisis, Asks Airline To Compensate Stranded Passengers

While hearing a PIL seeking independent judicial investigation into the Indigo crisis and large scale flight cancellations, the Delhi High Court on Wednesday observed that while it appreciates the steps taken by Centre however it was bothered by lakhs of passengers left on airports which also affects the country's economy. 

The court also directed that provisions for payment of compensation to stranded passengers will be "strictly adhered to by Indigo" which shall be "ensured by Ministry of Civil Aviation and DGCA as well".

During the hearing the Additional Solicitor General Chetan Sharma appearing for the Centre submitted before a division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela that a committee has been constituted for review assessment adding that the DGCA has been, from time to time, asked Indigo for timely preparation and implementation of CAR (Civil Aviation Requirements) provisions.

To this the Chief Justice asked, "In case any airline failed to adhere, what is the provision available to you in case of failure by these airlines? Are you helpless? What action could you take against them for failure to adhere?".

PIL can't be filed without research

During the course of hearing, the Court orally inquired the Petitioner about the latest state of affairs and the steps taken by the Government to ameliorate the situation.

However, on hearing the Counsel's response that he is "not fully aware", the judges orally remarked,

"You are not fully aware but you have filed a PIL here. This is not a merry go round...We understand the situation. But government has started taking action...."

The Chief Justice also asked the Petitioner's counsel was statutory mechanism is available with the Government to regulate service providers like Indigo.

"Filing petition like a layman is not expected from you. You're a counsel...There is a problem with these PILs. We can issue directions, we can hold them responsible for violation of statutory duties. What are those duties? Saying things like layman is different. You're before court of law. You've to establish your rights and their failures," the CJ said.

The CJ added that PILs cannot be filed based on materials collected from newspaper clippings or information floating in society. "Without researching. How can DGCA be regulated, how can they be held responsible, nothing. These charters readily available on internet and then downloaded it and filed the petition," he said.

Why did such a situation precipitate? HC to Centre

Then turning to the Additional Solicitor General Chetan Sharma for the government, the Chief Justice asked how the crisis arose. "Question is why did such a situation precipitate? Who is responsible? It is not question of individual passengers are stranded at airports. Question is loss to the economy."

"Harassment and trouble to the passengers," Justice Gedela added.

The Court also inquired about the steps taken to compensate the passengers. "Any steps taken to help? What action taken to ensure that the employees of service providers behave responsibly? The ticket which was available for 5k, prices went up to 30-35K. Question also is, if there was a crisis how can other airlines be permitted to take advantage? How can it go to 35-39k? How could other airlines start charging? How can it happen?" the judges queried.

The ASG responded that the Ministry had interdicted and capped the fares within two days. "Statutory mechanism is totally in place...Capping is done as strict regulatory measure," he said.

The CJ at this juncture pointed that all these were taken only after the crisis erupted. "Question is not this. Why at all the situation arose? And what have you been doing?" he asked.

The ASG then informed the Court that the Flight Duty Time Limitations (FDTL) were to be implemented in two phases—July and November.

"Leave and latitude were prayed by them (airlines)...Single judge of this court gave them time till November 01 to fall in line. This airline (Indigo) didn't...It (FDTL) started on November 01. They were professionally run airline, it was creation of their own making. We have been asking them to fall in line. The others have fallen in line...The Ministry has nothing to do with that. They are private airline...FDTL scheme has been hanging since 2024. Repeated extensions by them. They have been assuring single judge," ASG said.

He added that a show cause notice was given to Indigo and in response, the airline has "apologized profusely". 

Questioning the government the Chief Justice asked, "If they failed, what have you done? You allowed the situation to precipitate".

The ASG however said that it was not a questioning of the government allowing but of the airline's inaptitude.

He said that the Ministry doesn't come into picture and the DGCA looks into such matters. He said that the ministry of civil aviation had invoked Section 8 of Bharatiya Vayuyan Adhiniyam, and has now taken over.

The CJ meanwhile asked, "Section 4 empowers DGCA to issue directions for operations of airlines. And there is a violation. What happens then? What is the authority?"

Wanted to ensure weekly rest of crew: DGCA

DGCA counsel said that the FTTL issue is going since 2012. He said, "At that time, they challenged it. Another petition came in 2019. Main issue was fatigue management of pilots. DGCA invites the objections. These proposals are received from all stakeholders. Published in website and committee is formed. Here before March 1, 2024, DGCA held more than 10-20 meetings with airlines".

He submitted that all associations had given consent and gave thumbs up to the flight duties. He submitted that the DGCA was ensuring that weekly rest is increased. 

"From March 1, 2024, we were supposed to implement from June. The smaller operators didn't have any problems. Before the single judge we were reporting. After meetings and their representations, particularly Indigo and Air India. They took time. 15 clauses were implemented from July 1. Rest were to be done from November 1. DGCA granted certain exemptions to them so that flights can run smoothly. After November 1 we were monitoring them. We didn't force them. Despite monitoring, this situation arose within 4-5 days because there was shortage of staff. Because if you are giving pilots 5-6 landings whereas you could only give 2. If we had not given exemptions, it would have been cascading effect," he said. 

At this stage Justice Gedela asked, "Tell us when pilot is to do two landings at night and is doing 6? This means he is compromising on safety of passengers."

The Chief Justice further asked, "You say you've been monitoring and in constant connection with airlines. If they did not recruit adequate pilots, what action can be taken by you?". 

High level inquiry constituted

ASG said that there was a high level inquiry constituted and suspension had also been made. He said that it has to be a graded and informed step. He said that show cause notice was issued, penalty provisions are in process and the inquiry in process. He said that even the Supreme Court had made a comment on steps taken by the government when matter was mentioned.

Meanwhile DGCA's counsel said, "For every inconvenience, they have to pay". He said that unprecedented surge has not only been controlled but capped.

The ASG submitted that a complete mechanism is in place wherein the government has acted with "great alacrity and severeness".

"Keeping in view interest of passengers specially senior citizens and medical individuals, we have done and will do our very best," ASG emphasized. 

Crisis arose due to multiple factors:Indigo

Meanwhile senior advocate Sandeep Sethi appearing for Indigo submitted that there is a hearing of the committee conducting the inquiry, which is scheduled for today. The ASG said that the report of the probe is to come by December 20.

Sethi said, "The situation arose not because of flight roster. There were multiple factors also. And we are cooperating (with the committee)". The court said to Sethi, "You have to take steps to compensate". However said that there should not be any finding with respect to the airline. 

The court however said, "These measures are suggested by them. All measures have been complied by all others except you". 

But Sethi argued that the crisis had occurred due to multiple factors including technical glitch and the airline was back to 90% of its capacity. 

The court said that the inquiry is pending and the mandate of the committee is quite wide.

"Submit your reply. We will see the report. We have said nothing against you. We will further clarify in our order. But for compensation, you have to immediately start it. Lets make it very clear. We will take up the issue that what about agony of passenger because he was stranded and faced hostile staff...Today we have only expressed concerns of the court, petitioner and public. We have observed that compensation is payable and you pay that. We have only recorded their statements. And let me assure that we will record that all this is aimed only at remedying the issue and bringing the situation at normal, not to penalize you," the court said. 

Sethi however said that Indigo is the most preferred airline and this situation had arisen for the first time in 19 years unfortunately. The court however said that it was not arriving at any conclusion. 

Sethi meanwhile said, "Please take care of my rights. I have so much to say and we have apologized". 

While dictating the order the court said,

"We appreciate steps taken by ministry (Civil Aviation) and DGCA. However, what bothers us is how such situation was allowed to precipitate stranded Lakhs of passengers unattended on airports. Such situation isn't confined to inconvenience to passengers but also affects economy of country as in the present days, fast movement of passengers is an important aspect to keep economy functioning".

On the steps taken by the Central Government once the crisis had already precipitated are concerned the court said, "we may observe that such action shall continue to ensure that situation comes to normal at the earliest without at the same time not compromising on safety of passengers and ensuring that all airlines including Indigo employees adequate number of pilots so that FTTL provisions are followed. We expect adequate steps will be taken by ministry, DGCA and Indigo to compensate passengers who were stranded at airports at the earliest".

The court refrained from making any observation on reason for flight operations of Indigo after noting that a committee has already been constituted where the airline will have opportunity to put forth its case.

"While we have taken cognizance of the issued in public interest, we make it clear that observations are aimed to ensure best public interest is served both by government and Indigo. We make it clear that observations made in our order is only for issues raised in public interest and govt and dgca will take its decisions based on inquiry conducted independently. If by next date inquiry is complete, reports be produced in a sealed cover," the court added. 

Asking the respondents to file their responses the court listed the matter on January 22, 2026. 

Before parting the court said to Sethi, "It is not only with respect to cancellation, but also other damages and sufferings. We will pass order directing you (Indigo) to make compensation". 

 Case Title: AKHIL RANA & ANR v. UNION OF INDIA & ORS