SC allows Air India to operate flights with middle seats occupied until June 6
The Supreme Court on Monday (May 25) said national carrier Air India could operate flights with the middle seats being occupied by passengers until June 6.
The Supreme Court on Monday (May 25) said national carrier Air India could operate flights with the middle seats being occupied by passengers until June 6. However, the airline will operate flights thereafter in accordance with the interim order to be passed by the Bombay High Court.
The High Court on May 22 directed Air India (AI) and the Directorate General of Civil Aviation (DGCA) to file affidavits clarifying their stand on a petition of an AI pilot claiming that the airline was not following safety measures for COVID-19 while bringing back Indians stranded abroad.
The apex court asked the High Court to decide on the plea against DGCA circulars expeditiously and said Air India and other airlines would have to follow the order given by the High Court with regard to safety measures, including maintaining of social distancing inside aircraft by keeping middle seats vacant.
A bench, headed by Chief Justice SA Bobde, conducted an urgent hearing on appeals of the Centre and Air India against the High Court order. “You should be worried about the health of citizens, not about the health of commercial airlines,” the bench, also comprising Justices AS Bopanna and Hrishikesh Roy, told Solicitor General Tushar Mehta.
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The Supreme Court said it proposed to remand the matter to the Bombay High Court with a request to the HC to pass an effective interim order after hearing all concerned on or before June 2.
In his plea before the High Court, the pilot, Deven Kanani, claimed that a circular issued by the Centre on March 23 laid some conditions to prevent the spread of COVID-19 while bringing back Indians stranded abroad. However, the condition pertaining to keeping the middle seat between two passengers empty was not being followed by the Air India, he said in the plea.
The pilot also submitted photographs of an Air India flight operated between San Francisco and Mumbai, on which all seats were occupied. Air India, however, opposed the plea and told the HC the circular, dated March 23, had been superseded with a new circular issued by the Centre on May 22 that permitted domestic flights to operate from May 25.
The new circular does not say that the middle seat needs to be kept empty, Air India told the court. After issuing directions to Air India and the DGCA, the High Court posted the petition for further hearing on June 2. The HC also allowed the pilot to amend his petition to challenge the circular, dated May 22.
