Delhi High Court - Orders
Court On Its Own Motion vs Directorate General Of Civil Aviation ... on 3 June, 2022
Author: Vipin Sanghi
Bench: Sachin Datta, Vipin Sanghi
$~6.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3184/2021
COURT ON ITS OWN MOTION ..... Petitioner
Through:
versus
DIRECTORATE GENERAL OF CIVIL AVIATION AND ORS.
..... Respondent
Through: Mr. Chetan Sharma, Additional
Solicitor General with Ms. Anjana
Gosain, Ms. Shalini Nair and Ms.
Ritika Khanagwal, Advs. for DGCA
Mr. Somnath Bharti, Adv in C.M. No.
28095-97/2022
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 03.06.2022 CM APPL. 28097/2022 Exemption allowed, subject to all just exceptions. The application stands disposed of.
CM APPL. 28095/2022, CM APPL. 28096/2022 The order dated 10.05.2022 issued by the Ministry of Civil Aviation, Government of India bearing No.AV-29017/14/2020-DT has been tendered in Court and taken on record. The said order reads as follows:
Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:03.06.2022 17:35:38"AV-29017/14/2020-DT Government of India Ministry of Civil Aviation ***** B Block, Rajiv Gandhi Bhawan, New Delhi, Dated 10.05.2022 ORDER Subject: Review of COVID-19 guidelines for Domestic & International flight operations-reg.
Since the lockdown due to COVID-19 pandemic in March 2020 and subsequent reopening of skies, Ministry of Civil Aviation, from time to time issued guidelines / SOPs for operators, passengers and other stakeholders to ensure smooth conduct of air operations, safety and hygiene of the travelling passengers with a view to prevent the spread of COVID-19 infection during air travel. These guidelines have been modified and relaxed periodically as per the severity of pandemic. Other regulatory bodies like Directorate General of Civil Aviation (DGCA), Bureau of Civil Aviation Security (BCAS), etc. have also issued guidelines for the stakeholders within their respective domain.
2. In view of the overall improvement of the situation and preparedness of the Government to deal with the pandemic, Ministry of Home Affairs by way of its communication issued vide D.O. No. 40-3/2020-DM-I(A) dated 22.03.2022 have, inter-alia, indicated that there may not be any further need to invoke the provisions of the Disaster Management (DM) Act for COVID containment measures. Ministry of Civil Aviation (MoCA) had also on 21.03.2022 reviewed the COVID-19 guidelines for international operations under Order No. AV.29017/14/2020-DT. A need has, therefore, been felt for consolidating the instructions issued from time to time and a set of revised instructions to be followed by passengers, airport operators and airlines, have been formulated and are Annexed. This will supersede the instructions issued in the past.
3. However, the Guidelines/ SOPs/ Advisories issued by Ministry of Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:03.06.2022 17:35:38 Health & Family Welfare (MoHFW) with regards to implementation of measures for containment of pandemic including wearing masks and hand hygiene and the Orders / Guidelines issued by regulatory bodies like DGCA, BCAS etc. would continue to apply and guide overall national response to the pandemic. In addition, the It is also advised that in view of the nature of the COVID-19 Virus, all stakeholders must remain watchful of the situation and take proactive and prompt action, whenever needed. Airports and Airlines should continue to enforce wearing of the mask by passengers at Airports and on board. Further, the extant guidelines of MoHFW on submission of complete and factual information in self-declaration form on the online Air Suvidha portal shall continue to be followed.
4. The above decision would come into immediate effect until further order. This will be reviewed, if needed, as per the prevailing situation.
5. This has the approval of the Competent Authority.
Sd/-
(Usha Padhee) Joint Secretary to the Govt. of India"
Ms. Gosain submits that the respondents are seriously implementing the norms with regard to the masking at Airports and in the Aircrafts by all concerned. The issuance of the said order is, in our view, the right step to take since the Pandemic has still not fully abated and keeps springing up its ugly head. In fact, Ms. Gosain, who appears virtually states that she is presently infected with COVID-19 Virus.
The present PIL was registered based on the experience of one of the learned Judges of this Court while undertaking an Inland flight. It is noticed that very often, the norms are not implemented on the ground with the seriousness with which they are framed. It is, therefore, essential for the Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:03.06.2022 17:35:38 respondents to ensure that the implementation on the ground is effective. For this purpose, we are of the view that the DGCA should issue separate binding directions to all staff persons deployed at the airports and in the aircrafts, including flight attendants, air hostesses, captains/ pilots and others, to take strict action against passengers and others who violate the masking and hygiene norms. All such persons who are found to violate the said norms should be appropriately fined and persistent defaulters should be placed on the no fly list. In our view, it is essential to have a sufficient deterrence to enforce compliance of the norms aforesaid.
Let steps in this regard be taken and a further action taken report be placed before the Court. List on 18.07.2022.
VIPIN SANGHI, ACJ SACHIN DATTA, J JUNE 3, 2022 N.Khanna Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:03.06.2022 17:35:38