Bombay HC tells AI, DGCA to respond to plea on COVID-19 measures in rescue flights

Mumbai: The Bombay High Court has sought a response from the Air India and the Directorate General of Civil Aviation (DGCA) on a petition of an AI pilot, claiming the airline was not following safety measures for COVID-19 while bringing back Indians stranded abroad.

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

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.

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

Air India counsel Abhinav Chandrachud, however, opposed the plea and told the high court that the circular of March 23 has been now superseded with a new circular issued by the Government of India on May 22, 2020 while permitting domestic flights to operate from May 25

The new circular does not say the middle seat needs to be kept empty, Chandrachud told the court.

He said all precautions required to prevent the spread of COVID-19 are taken while bringing back passengers to India from abroad.

A division bench of Justices R D Dhanuka and Abhay Ahuja on Friday, however, noted that a cursory glance at the circular dated May 22 indicates that it applies only to domestic operations and not to international operations.

The bench directed Air India and DGCA to file affidavits clarifying their stand, and posted the petition for further hearing on June 2.

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