The Delhi High Court declined to entertain a public interest litigation (PIL) on Wednesday, which sought compensation four times the ticket price from the Centre and IndiGo airlines for passengers affected by flight cancellations. These cancellations took place during November and December 2022 due to the implementation of new Flight Duty Time Limitation (FDTL) regulations.
A Division Bench, led by Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, noted that the court already acknowledged a similar issue in a separate pending PIL. They suggested that the petitioner could seek to join that case instead.
“We do not see any reason as to why the concerns raised here cannot be taken up in the earlier petition. The jurisprudence developed by the Supreme Court and High Courts around PILs permits the court to expand the scope of a petition in public interest,” stated the Bench, emphasizing the existing processes.
The court further clarified, “We decline to entertain this petition with liberty to the petitioner to seek intervention in the pending petition. The writ petition stands disposed of.” This dismissal does not signify an end to the matter, as it may still find resolution through existing legal avenues.
The PIL emerged from the Centre for Accountability and Systemic Change (CASC), represented by its president, Prof Vikram Singh. The petition highlighted substantial concerns regarding IndiGo’s cancellations, asserting that the sudden disruptions impacted numerous passengers across the aviation sector.
Advocate Virag Gupta, representing the petitioner, commented on the chaos in airports caused by these cancellations. He referred to numerous incidents involving misdirected baggage, long delays, inadequate communication from IndiGo, and confusion surrounding refunds and rebooking options.
Additionally, the PIL requested a thorough independent inquiry led by a retired judge or the Lokpal to investigate alleged negligence by the Directorate General of Civil Aviation (DGCA). This inquiry would focus on whether the DGCA’s actions contributed to the ongoing crisis.
Previously, on December 10, 2022, the Delhi High Court had raised concerns about the Central Government’s failure to adequately address the flight cancellation crisis. The court questioned why such a situation escalated, causing distress for lakhs of passengers while other airlines reportedly raised fares.
This line of questioning arose during the consideration of another PIL. That plea sought to compel the Central Government to provide immediate assistance and refunds for passengers affected by the cancellations of hundreds of IndiGo flights.
Since December 2, IndiGo has faced backlash from both the government and its passengers, leading to significant public distress. The airline cited necessary regulatory changes regarding pilots’ flight duty time and rest norms as the reasons for the widespread flight cancellations.
As discussions surrounding air travel regulations continue, the aviation industry and regulators face mounting pressure to ensure passenger rights and uphold service standards. With ongoing inquiries and heightened scrutiny, stakeholders are left to navigate the implications of this crisis while awaiting resolutions that may restore confidence in the sector.
