Case Title: Rahul Bhardwaj v. Union of India & Ors.
In light of multiple aircraft disasters in the previous instances, the Delhi High Court dismissed a public interest lawsuit that raised safety concerns and sought to terminate Spice Jet Limited's flying operations.
The motion was made by attorney Rahul Bhardwaj, who cited seven incidents—three in May, two in June, and two in July—in which numerous Spice Jet flights experienced problems.
The petitioner, who attended the hearing in person, said that there is poor management in the airline industry, and this puts passengers' lives at danger.
He also emphasised the problem of the airline's employees not receiving their salaries. On this the court stated that, "It's not our domain. This is for expert bodies like the Government of India. Prayer can be anything. You can ask for the moon also. But we have to give relief which is within the legal framework."
The Court held that the DGCA is the proper agency to investigate all such accidents and that the Aircraft Act specifies broad requirements for flying, safety, registration, and marking of aircrafts.
The court was informed by the counsel for the DGCA that activity is done with considerable promptitude as and when an event or complaint is reported to DGCA, action has been commenced to some flights, and some show cause letters have been issued.
The Bench further noted that in the case of Yugansh Mittal v. Union of India from the year 2019, the High Court had declined to get involved in a related matter. As a result, the Court dismissed the petition after finding no justification for the remedy that the petitioner had requested.
The Court observed, "The DGCA which is stated to have already initiated action and will be free to proceed in the matter."
The complaint said that while the DGCA is in charge of all rules, regulations, and inquiries pertaining to airline operations, Spice Jet is not carrying out its duties effectively and that the delay in acting could endanger the lives of passengers as well as their property.
In order to avoid any safety failure accident, the request asked to establish a special fast-track panel that would decide whether Spice Jet's operation could "Stop" as a temporary measure.
It was alleged that the respondent authorities had utterly failed to protect the citizens' and passengers' priceless lives, liberties, and dignity, as well as to give them a healthy atmosphere. The argument put forth was that every citizen and passenger has the fundamental and inalienable right to travel with honour, reputation, and dignity, and that any procedural regulation that does not provide for a special investigation up until the cessation of operations violates 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 stated.
The plea also asked the Respondents to give instructions on how to fairly compensate passengers whose lives were at danger while travelling.