Air Safety Row: Delhi High Court Rejects PIL Against Spice Jet, Says DGCA Competent To Intervene

On October 18, 2022, Monday, the Delhi High Court rejected a public interest litigation filed by Advocate Rahul Bhardwaj, which highlighted safety concerns and made a prayer to cease operations of Spice Jet Limited for endangering the life, limb and liberty of the passengers. 

The order for dismissal comes close on the heels of incidents of technical faults in aircrafts in the last couple of months. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed, "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."

Petitioner underscored that the life and limb of the passengers was in jeopardy due to the deficiency in management of the Airline Company. He went on to say that there is a concern of non-disbursal of salaries and remuneration to employees of the airline. To this, the Court verbally observed that it was not the domain of the court and that it was for expert bodies like the Government of India to look into.  The Court further observed, “Prayer can be anything. You can ask for the moon also. But we have to give relief which is within the legal framework."

Filed by Advocate Rahul Bhardwaj, the petition had made mention of six to seven occurrences from May till July during which several of the Spice Jet flights faced technical issues. While the matter was being heard, the petitioner who appeared in person argued that there was no appropriate management in the company.

The Court opined that as per the Aircraft Act, the legislation which envisages the basic conditions of flying, safety measures, registration and earmarking of aircrafts, the DGCA was the pertinent authority to delve into complaints of such nature. "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 stated.

At the very threshold, the Bench went on to remark that the High Court had refused to intervene in an analogous matter in the year 2019 in the case of Yugansh Mittal v. Union of India. As a corollary, concluding that no ground was made out to provide the relief which was prayed for 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 contended that although it was incumbent upon the DGCA to make and ensure adherence to rules, regulations, inquiries in the operation of airlines, Spice Jet in total disregard of the same, was not upholding its duty in the manner prescribed and that the dithering in the action-taking process might result in endangering the life and property of passengers. 

The petition had also demanded establishment of a special fast track commission to take a call on the viability of ceasing of operations by Spice Jet as a relief in the interregnum to obviate any mishap on account of safety failure. It was pleaded that the respondent authorities had despicably failed to safeguard the priceless, life, liberty and dignity of the citizens and passengers. The plea further averred that the aircraft carrier also failed to provide healthy environment to the passengers. 

It was also contended that every citizen or passenger had an inherent and natural right to reach their destination with dignity, honour, and reputation and that any procedural law that does not contain a procedure for Special Inquiry until the cessation of operations is denial 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. It was also requested by the Petitioner that the passengers who had faced threat to life and liberty must be compensated. 

Spice Jet was in receipt of a show-cause notice from the Indian aviation watchdog Directorate General of Civil Aviation (DGCA) in the first week of July. The DGCA had already said that Spice Jet had failed to establish safe, efficient, and reliable air services in accordance with Aircraft Rules, 1937.