Kerala High Court dismisses PIL for Judge-led Court of Inquiry, CBI probe into Kozhikode Airport mishap [Read Judgment]

The Kerala High Court has dismissed a PIL petition seeking a CBI probe into the aircraft mishap at the Kozhikode International Airport which took place in August this year, killing 19. (Yeshwanth Shenoy v. Union of India and Ors.).A Bench of Chief Justice S Manikumar and Justice Shaji P Chaly dismissed the petition yesterday..In its judgment, the Bench pointed out that an investigation into the probable causes for the mishap was already ongoing.."... when there is a procedure prescribed under law and the investigation is going on, we do not think, it is right on the part of a writ court to interfere with the same and order a parallel investigation by appointing a former Judge of the Supreme Court or of any High Court."Kerala High Court.Party-in-person Yeshwanth Shenoy had moved the High Court seeking an independent Court of Inquiry under the Aircraft (Investigation of Accidents and Incidents) Rules, 2017 to study the functioning of the airport. Additionally, he prayed for an investigation by the CBI into the aircraft tragedy itself. .He claimed that the airport was constructed and operations carried out in violation of international and domestic norms. In view of these contentions, Shenoy further demanded the immediate closure of the Kozhikode Airport, among other reliefs..Dismissing the petition, the Court pointed out that an Aircraft Accident Investigation Bureau had already been set up, which the petitioner had not raised specific objection to. The only reservation the petitioner had raised was in respect of one of its members. In his petition, the petitioner does not demonstrate his reasons for having such reservations about this member, the Court observed..The Bureau was mandated to be set-up under the 2017 Rules, the Court underscored. On the other hand, setting-up a Court of Inquiry was not mandatory, the Bench noted. Further, investigators had already been appointed and there was a "clear cut procedure" under the Rules, the Court stated.."The Rules ... would make it clear that a structured procedure is contemplated with respect to the formulation of investigators and to tackle the situations to incorporate representatives as per the request of the stakeholders."Kerala High Court.The petitioner had not highlighted any defect or irregularity in the procedures adopted by the Board. In these circumstances, the petitioner's petition was premature, the Court ruled. .The petition was, therefore, dismissed.."Taking into account all the materials and the law, we have also no hesitation to hold that the petitioner has not made out any case to order an open enquiry by appointing retired Judges as is sought for by the petitioner", reads the order..Read the Judgment:.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.