'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 researchDuring 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 CentreThen 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...

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

Nupur Thapliyal

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Nupur Thapliyal

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

Nupur Thapliyal

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Nupur Thapliyal

This is a premium content
Available exclusively to
Our subscribers