Delhi High Court Reserves Order On PIL Against Carrying Of Kirpans In Domestic Flights

The Delhi High Court on Thursday reserved its decision on a public interest litigation challenging notifications that allow Sikh passengers to carry Kirpans of specific measurements on person in domestic flights.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that it will be passing an appropriate order in the matter.

"Arguments heard. Order reserved. We will pass appropriate order," the court said.

The bench also questioned how the court can interfere when it is a policy decision taken by the Central Government.

"How can we interfere with such a policy decision? We can't interfere. It is a policy decision….," the bench observed.

The PIL moved by Advocate Harsh Vibhore Singhal challenged the notifications allowing Sikh passengers to carry Kirpan provided the length of its blade does not exceed 15.24 cms (6 inches); and the total length of a Kirpan does not exceed 22.86 cms (9 inches).

As per the notification, carrying a kirpan is allowed while travelling by air on Indian aircrafts within India.

The plea contended that the impugned notification does not distinguish applicability to Sikh Indian citizens, thereby claiming that even Sikh passengers from other nations can carry Kirpans on person whilst travelling in any Indian plane on domestic routes.

"That if the State obsequiously acquiesces to demands for carriage of Kirpan on person in flights in India to preserve its religious prescription and sanctity, what happens to such prescriptive sanctity in nations where carriage is barred by aviation policy? Does the faith get desecrated if a Kirpan is necessarily packed and carried only in checked in baggage? How does the religious faith get sanctified by carriage on person in flights in India and nevertheless gets sanctified by the carriage in checked-in baggage in other countries?," the plea adds.

The petition also argued that the notification is bad in law and has "mauled" civil aviation safety protocols and international conventions. It further contended that the notification is issued without application of mind, thereby brushing aside safety and security concerns.

"That in alacrity to satiate demands of a particular religion, the State cannot disregard need for vigilance by allowing unrestricted and unrestrained on person carriage of Kirpans on an unstated but facile and fatuous presumption having no factual basis that carriage does not pose or exacerbate risks to civilian flights. Recorded history expresses concern," the plea stated.

Case Title: Harsh Vibhore Singhal v. The Cabinet Secretary Government of India & Ors