Supreme Court - Daily Orders
Union Of India vs Deven Yogesh Kanani on 25 May, 2020
Bench: Chief Justice, A.S. Bopanna, Hrishikesh Roy
1
REVISED
ITEM NO.1 + 2 VIRTUAL COURT NO.1 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s).11629/2020
(Arising out of the order dated 22.05.2020 passed by the High Court
of Judicature at Bombay in Writ Petition (L) No.3/2020)
UNION OF INDIA & ANR. Petitioner(s)
VERSUS
DEVEN YOGESH KANANI & ORS. Respondent(s)
(With I.A.NO.49145/2020 - FOR PERMISSION TO USE E-SIGNATURES OF THE
ADVOCATE ON RECORD and and IA No. 49144/2020 - EXEMPTION FROM
FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 49143/2020 – FOR
PERMISSION TO FILE PETITION SLP)
With SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 11630/2020
(WITH IA No. 49146/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
Date : 25-05-2020 These matters were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE A.S. BOPANNA
HON'BLE MR. JUSTICE HRISHIKESH ROY
For Petitioner(s) Mr. Tushar Mehta, Ld. SG
Mr. Kanu Agarwal, Adv.
Mr. B. V. Balaram Das, AOR
Mr. Tushar Mehta, Ld. SG
Mr. Tavinder Sidhu, Adv.
Ms. Aditi Sharma, Adv.
Mr. Kshitez Kaushik, Adv.
For M/s M. V. Kini & Associates, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Permission to file the special leave petition is granted. Signature Not Verified We would normally be not inclined to interfere with the Digitally signed by SANJAY KUMAR Date: 2020.05.25 14:19:08 IST Reason: interim orders made by the courts below.
However, Mr. Tushar Mehta, learned Solicitor General appearing for the petitioners, has pointed out the immense 2 difficulty that has arisen because of the passengers who are stranded on foreign soil at the airports after they were issued valid tickets for travel.
According to Mr. Mehta, learned Solicitor General, this has resulted in a lot of anxiety and difficulties arising from want of proper shelter, money, etc., at the foreign airports. Moreover, in some cases, the travel plan of families who were travelling together has been disrupted because those in the families who had middle seats have to be off loaded and remain behind.
We are of the considered view that the petitioner - Air India should be allowed to operate the non-scheduled flights with the middle seats booking upto 6 th June, 2020. However, after that the Air India will operate non-scheduled flights in accordance with the interim order to be passed by the Bombay High Court thereafter.
In these circumstances, we propose to remand the matter to the Bombay High Court with a request to the High Court to pass an effective interim order after hearing all concerned on the date fixed i.e. 2nd June, 2020 by it or soon thereafter.
At this juncture, we would consider it necessary for the High Court to arrive at a prima facie finding regarding the safety and health of the passengers qua the COVID-19 virus, whether the flight is scheduled flight or a non-scheduled flight.
Order accordingly.
3We make it clear that the Director General of Civil Aviation is free to alter any norms he may consider necessary during the pendency of the matter in the interest of public health and safety of the passengers rather than of commercial considerations.
Needless to mention that in case the respondents feel aggrieved by this order, it shall be open to them to approach this Court.
The instant special leave petitions are disposed of in the above terms.
As a sequel to the above, pending interlocutory applications, if any, stand disposed of.
(SANJAY KUMAR-II) (VIRENDER SINGH)
ASTT. REGISTRAR-cum-PS BRANCH OFFICER
4
ITEM NO.1 + 2 VIRTUAL COURT NO.1 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s).11629/2020 (Arising out of the order dated 22.05.2020 passed by the High Court of Judicature at Bombay in Writ Petition (L) No.3/2020) UNION OF INDIA & ANR. Petitioner(s) VERSUS DEVEN YOGESH KANANI & ORS. Respondent(s) (With I.A.NO.49145/2020 - FOR PERMISSION TO USE E-SIGNATURES OF THE ADVOCATE ON RECORD and and IA No. 49144/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 49143/2020 – FOR PERMISSION TO FILE PETITION SLP) With SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 11630/2020 (WITH IA No. 49146/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 25-05-2020 These matters were called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. Tushar Mehta, Ld. SG Mr. Kanu Agarwal, Adv.
Mr. B. V. Balaram Das, AOR Mr. Tushar Mehta, Ld. SG Mr. Tavinder Sidhu, Adv.
Ms. Aditi Sharma, Adv.
Mr. Kshitez Kaushik, Adv.
For M/s M. V. Kini & Associates, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Permission to file the special leave petition is granted. We would normally be not inclined to interfere with the interim orders made by the courts below.
However, Mr. Tushar Mehta, learned Solicitor General appearing for the petitioners, has pointed out the immense 5 difficulty that has arisen because of the passengers who are stranded on foreign soil at the airports after they were issued valid tickets for travel.
According to Mr. Mehta, learned Solicitor General, this has resulted in a lot of anxiety and difficulties arising from want of proper shelter, money, etc., at the foreign airports. Moreover, in some cases, the travel plan of families who were travelling together has been disrupted because those in the families who had middle seats have to be off loaded and remain behind.
We are of the considered view that the petitioner - Air India should be allowed to operate the non-scheduled flights with the middle seats booking upto 6 th June, 2020. However, after that the Air India will operate non-scheduled flights in accordance with the interim order to be passed by the Bombay High Court thereafter.
In these circumstances, we propose to remand the matter to the Bombay High Court with a request to the High Court to pass an effective interim order after hearing all concerned on the date fixed i.e. 2nd June, 2020 by it or soon thereafter.
At this juncture, we would consider it necessary for the High Court to arrive at a prima facie finding regarding the safety and health of the passengers qua the COVID-19 virus, whether the flight is scheduled flight or a non-scheduled flight.
Order accordingly.6
We make it clear that the Director General of Civil Aviation is free to alter any norms he may consider necessary during the pendency of the matter in the interest of public health and safety of the passengers rather than of commercial considerations.
The instant special leave petitions are disposed of in the above terms.
As a sequel to the above, pending interlocutory applications, if any, stand disposed of. (SANJAY KUMAR-II) (VIRENDER SINGH) ASTT. REGISTRAR-cum-PS BRANCH OFFICER