SpiceJet Mishaps: Delhi High Court Dismisses PIL Seeking To Stop Company's Flying Services, Says DGCA Competent To Take Action

The Delhi High Court on Monday dismissed a public interest litigation raising safety concerns and seeking to stop flying services of Spice Jet Limited, in view of recent flight mishaps in the past two months. A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed thus:"The Aircraft Act provides for a very robust mechanism in respect of the aviation industry and this Court cannot stop an airline to operate in the Country based upon the averments made in the PIL."Moved by Advocate Rahul Bhardwaj, the plea had referred to seven incidents, three in May, two in June and two in the month of July wherein many of the Spice Jet flights encountered mishaps. During the course of hearing today, the petitioner appearing in person submitted that there is no proper management in airlines and that lives of the passengers are at risk due to the same. He also highlighted that that there is an issue of non-payment of salary to employees of the airline. On this, the Court orally remarked thus:"It's not our domain. This is for expert bodies like the Government of India. Prayer can be anything. You can ask for the moon also. But we have to give relief which is within the legal framework."The Court was of the view that the Aircraft Act provides for the general conditions of flying, safety, registration and marking of aircrafts and that DGCA is the appropriate body to look into all such incidents. "It is also brought to the notice of this Court by the counsel appearing for DGCA that as and when an incident or matter is reported to DGCA, action is taken with quite promptitude, action has been initiated to some flights and some show cause notices have been issued," the Court noted. At the outset, the Bench also noted that the High Court had declined to interfere in a similar matter in the year 2019 in the case of Yugansh Mittal v. Union of India. Accordingly, finding no ground to allow the relief as prayed by the petitioner, the Court dismissed the same. "The DGCA which is stated to have already initiated action and will be free to proceed in the matter," the Court said. The plea averred that while the DGCA is responsible for all the rules, regulations, inquiries in operation of airlines, however, Spice Jet is not performing its duty properly and that the delay in taking action may cause damage to life and property of passengers.The plea thus sought to constitute a special fast track commission taking the decision on feasibility of "Stop" of operation by Spice Jet as an interim relief to escape any safety failure accident.It was averred that the respondent authorities have miserably failed to protect the precious, life, liberty and dignity of the citizens and passengers and have also failed to provide healthy environment to them.The plea claimed that every citizen or passenger has a basic and natural right to lead their journey with dignity, honor and reputation and that any procedural law which does not make the provision of Special inquiry until stopping of operations is negation of Article 21."Because any procedural and substantial law which deprived the citizens healthy environment is violative of Article 21 of Constitution of India and the same is highly unjust, unwarranted, irrational, illegal, capricious, arbitrary uncalled and against the passengers and citizens," the plea added.The plea also sought directions on the Respondents to compensate the fair charges to passengers who have faced threat of their life during journey.Case Title: Rahul Bhardwaj v. Union of India & Ors.Citation: 2022 LiveLaw (Del) 665

SpiceJet Mishaps: Delhi High Court Dismisses PIL Seeking To Stop Company's Flying Services, Says DGCA Competent To Take Action

Nupur Thapliyal

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SpiceJet Mishaps: Delhi High Court Dismisses PIL Seeking To Stop Company's Flying Services, Says DGCA Competent To Take Action

Nupur Thapliyal

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