SC allows AI to operate till June 6 flights with occupied middle seats to fly stranded Indians

Supreme Court on Monday allowed Air India to keep middle seats occupied while operating its n-scheduled flights to bring back Indians stranded abroad up to June 6 while observing that government should be more worried about health of citizens rar than health of commercial airlines.

top court said that after June 6, Air India will operate its n-scheduled flights in accordance with interim order to be passed by Bombay High Court.

Centre and Air India had moved apex court challenging interim order of High Court by which it had asked national carrier to operate its n-scheduled flights by keeping middle seats vacant.

A bench of Chief Justice S A Bobde and Justices A S Bopana and Hrishikesh Roy, which took up appeals filed urgently through video conferencing despite holiday for Eid, remanded matter back to High Court with a request to pass an effective interim order after hearing all concerned on date fixed by it, i.e. June 2, 2020, or soon reafter.

“We are of considered view that petitioner - Air India should be allowed to operate n-scheduled flights with middle seats booking up to June 6, 2020. However, after that Air India will operate n-scheduled flights in accordance with interim order to be passed by Bombay High Court reafter,” it said.

bench observed that authorities must consider importance of maintaining social distancing as a shoulder to shoulder sitting is dangerous, due to contagious pandemic.

bench said rmally it is t inclined to interfere with interim orders made by courts below.

Solicitor General Tushar Mehta, appearing for Centre and Air India, said that due to directions of High Court a lot of "anxiety and difficulties" have arisen among passengers who are stranded on foreign soil after y were issued tickets for travel.

"Moreover, in some cases, travel plans of families who were travelling toger have been disrupted because those in families who had middle seats have to be offloaded and remain behind," bench said while ting submissions of Mehta, who said that passengers stranded abroad are facing difficulty due to want of proper shelter and money.

bench said it would consider it necessary for High Court to arrive at a prima facie finding regarding safety and health of passengers qua COVID-19 virus, wher flight is a scheduled flight or a n-scheduled flight.

"We make it clear that Director-General of Civil Aviation is free to alter any rms he may consider necessary during pendency of matter in interest of public health and safety of passengers rar than of commercial considerations," bench said in its order while disposing of appeal.

During hearing, Mehta referred to March 23 circular and said that India had stopped all international flight operations due to spread of COVID-19 and it has w been superseded by May 22 circular.

bench told Mehta, “You should be worried about health of citizens, t about health of commercial airlines”.

He said institutional quarantine for seven days and seven days home quarantine is compulsory for those who have been brought back to India.

bench observed that re should t be any difference between international and domestic flights as far as social distancing is concerned.

Mehta, while contending that he can share minutes of meeting by experts with officials of civil aviation in this regard, said best practice is testing and quarantine.

"Will virus kw it is in aircraft and it is t supposed to infect," bench observed, adding that re might be chances of transmission if people are sitting next to each or.

Mehta told bench that till June 16, all tickets for n-scheduled flights have been booked including middle seats.

high court had on May 22 sought response from Air India and Directorate General of Civil Aviation (DGCA) on a petition of an AI pilot, who had claimed that airline was t following safety measures for COVID-19 while bringing back Indians stranded abroad.

High Court had directed Air India and DGCA to file affidavits clarifying ir stand and posted petition for furr hearing on June 2.

pilot, Deven Kanani, in his plea claimed that a circular issued by Government of India on March 23, 2020 laid some conditions to prevent spread of COVID-19 while bringing back Indians stranded abroad due to pandemic.

However, condition pertaining to keeping middle seat between two passengers empty was t being followed by Air India, he said in plea.

Kanani had submitted photographs of an Air India flight operated between San Francisco and Mumbai where all seats were occupied.

High Court had directed Air India and DGCA to file affidavits clarifying ir stand and posted petition for furr hearing on June 2.

court had also allowed Kanani to amend his petition to challenge circular of May 22.

(Im - PTI)