[BREAKING] Air passengers violating mask norms should be put on no-fly list: Delhi High Court to DGCA

The Delhi High Court on Friday asked the Directorate General of Civil Aviation (DGCA) to issue binding guidelines for enforceability of mask mandates and COVID protocol at airports and in airplanes [Court on its own motion vs DGCA and ors]..Pertinently, the Bench of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta ordered that those air passengers who violate guidelines on wearing of masks or refuse to follow hand hygiene norms should be put on the no-fly list. "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 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" the order stated. The Bench explained that such deterrance measures are essential to ensure compliance, and asked that steps and action taken in this regard be presented in a report. The High Court listed the matter next for July 18. .The High Court was hearing a suo motu petition registered by Justice C Hari Shankar in March last year regarding non-adherence by air passengers to social distancing norms and COVID protocol like wearing masks. Interestingly, the Delhi High Court judge was prompted to initiate the case after his personal experience on a Kolkata-New Delhi flight when obstinate fellow passengers refused to wear masks properly and adhere to Covid appropriate behaviour despite repeated exhortations. The single-judge had then issued guidelines towards mask mandates and pandemic protocol, including considering placing unruly passengers on the no-fly list. The present Bench effectively sought to make the same binding in today's order. Counsel for the DGCA submitted that none of the COVID protocol and standards have been diluted and appropriate directions had been issued in compliance with the earlier order. Justice Sanghi stated that the problem lay in implementation of the order."Tell staff to implement this strictly and authorise them to take strict action on those not masking. Impose heavy fines," the Bench remarked. When another counsel gave the example of how masks can be continuously remove citing excuses like sipping coffee, the Bench remarked that the endeavour is to minimise the risk.Justice Sanghi also orally expressed concern with the spurt of cases in Mumbai.The order stated that the pandemic has not abated and keeps 'springing up its ugly head', sparing not even the DGCA counsel who had to appear virtually on account of being infected with COVID.Additional Solicitor-General Chetan Sharmawith advocate Anjana Gosain represented the Central government. Advocates Shalini Nair and Ritika Khanagwal represented the DGCA. Advocate Somnath Bharti was counsel for Bridging The Gap Foundation, one the miscellanous applicants intervenors. [Read order].[Follow our coverage of today's hearing].[COVID-19] Fellow passengers' refusal to wear masks on Kolkata-Delhi flight prompts Delhi High Court judge to register suo motu petition

[BREAKING] Air passengers violating mask norms should be put on no-fly list: Delhi High Court to DGCA

Abhimanyu Hazarika

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