Delhi High Court endorses unruly passengers, actions awaited

Thursday, March 18, 2021

The DGCA informed the Delhi High Court on Wednesday that action is being taken against passengers not wearing masks properly despite repeated warnings and they will be de-boarded from planes before departure and treated as “unruly passengers”.

The high court expressed satisfaction over the steps being taken by the Directorate General of Civil Aviation (DGCA) and said it hoped that the action would continue in the same spirit considering the safety of passengers from Covid-19 infection.

A bench of Justices Navin Chawla and C Hari Shankar observed that the court was initially planning to keep the suo motu case open to continue monitoring the implementation of directions issued by the court earlier.

However, after noticing the proactive action by the DGCA, the court decided to close the case and observed that initiation of punitive action against the violators is a welcome step, the bench said.

Justice Shankar had on March 8 taken suo motu cognisance of the situation after witnessing passengers not wearing masks properly during transportation from airport to the flight and their stubborn reluctance to wear masks properly.

The court, which had issued various guidelines to DGCA and all other airlines for immediate compliance, said it was constrained to pass the order because of an alarming situation which was witnessed by the judge himself during the Air India flight from Kolkata to New Delhi on March 5.

DGCA, represented through Additional Solicitor General (ASG) Chetan Sharma and advocate Anjana Gosain, informed the court that following its directions, it issued a circular on March 13 relating to strict guidelines to be followed in the airports.

“On board the aircraft, in case any passenger does not adhere to wearing of mask properly even after repeated warning, he/ she should be de-boarded, if need be, before departure,” the circular stated.

“In case, any passenger on board an aircraft refuses to wear mask or violates the ‘Covid-19 Protocol for passengers’ even after repeated warnings, during the course of the fight, such passenger may be treated as ‘Unruly Passenger’ as defined… Civil Aviation Requirements (CAR)…and the procedure in respect of handling such unruly passenger, as provided in above mentioned CAR, shall be followed by the concerned airlines,” it said.

Advocate Gosain also informed the court that in a Jammu to Delhi flight, on March 16, four passengers were declared unruly for not properly wearing masks and were handed over to the security officials.

She said the authorities have also decided to conduct surprise checks.

To this, the bench said, “You have done a wonderful job. We are really impressed”, and asked the ASG to ensure that such steps are also taken in respect of railways and buses.

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