Kerala High Court issues notice in plea seeking interim closure of Calicut Airport, probe into Air India mishap

The Kerala High Court has sought the response of the Central government in a public interest litigation (PIL) petition seeking a CBI probe into the Air India Express flight mishap at the Calicut international airport in Kerala that killed 19 passengers in August this year. (Yeshwanth Shenoy v. Union of India and Ors.)..Apart from the prayer for a CBI probe, the petitioner-in-person, Advocate Yeshwanth Shenoy, has also sought an inquiry into the general functioning of the Calicut airport and the closure of the airport for the time being. .On Monday, Chief Justice S Manikumar and Justice Shaji P Chaly issued notice to the Ministry for Civil Aviation, the Airports Authority of India (AAI), and the Directorate General of Civil Aviation (DGCA) in the matter..In his petition, Shenoy has alleged that the airport at Calicut flouted domestic air regulations, which in turn flow from international norms set by the International Civil Aviation Organization (ICAO)..Stating that he had repeatedly warned State authorities about the safety of the Calicut airport, Shenoy has prayed for setting up a Court of Inquiry headed by a retired High Court/ Supreme Court Judge under the Aircraft (Investigation of Accidents and Incidents) Rules, 2017..The petitioner has asserted that the AAI and the DGCA had knowledge of the violations in the construction of the airport..“Overshooting runways is the most common type of air accidents, but nowhere in the world did such an accident cause such high number of fatalities. After years of research in the maze of aviation regulations and operations, the Petitioner found that there was criminal culpability on part of Respondent No.2 (Airports Authority of India), with full backing of the Respondent Nos. 1 (Ministry of Civil Aviation) & 3 (DGCA),”the petition states. .Shenoy also recounted his previous litigation in respect of air safety concerns in general before the Bombay and Delhi High Courts and his specific litigation concerning the Calicut Airport before the Kerala High Court in 2016..“The Petitioner thereafter took up the issue of aviation safety in various High Courts. The Petitioner’s PILs in these various High Courts had one thing in common. The Respondents admit to the violation on Affidavits!”Shenoy submits. .The petitioner has also adverted to the communications by Captain Mohan Ranganathan to the Chairman of the Civil Aviation Safety Advisory Committee (CASAC) almost eleven years ago concerning the safety of the Calicut Airport. Captain Ranganathan is a member of the CASAC, the petitioner informs..Repeated warnings about the Calicut airport, especially in the wake of the tragedy at Mangalore Airport, were ignored by the authorities. In this light, the petitioner has sought an investigation into the mishap, more particularly, a Court of Inquiry headed by a retired High Court and Supreme Court Judge.."The Petitioner respectfully submits that Calicut was waiting to happen and this was identified soon after the Mangalore Air crash. The Table top airports came into limelight after the Mangalore Air crash. The Respondent No.1 had formed the Civil Aviation Safety Advisory Council (CASAC) to advice measures to be taken to ensure Aviation Safety," the plea states..As immediate interim relief, Shenoy has sought the closure of the Calicut International Airport to prevent further mishaps.