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Friday, March 24, 2023

DELHI HC: Dismissed ”PIL”To Stop Spicejet Airline

NEW DELHI: The Delhi High Court on Monday dismissed a lawsuit in the public interest (PIL) aimed at halting operations of the airline SpiceJet for allegedly flying its plane in breach of professional and safety obligations.

The court cannot suspend an airline’s operations on the basis of a PIL and press reports, a court led by Chief Justice Satish Chandra Sharma said while dealing with attorney Rahul Bhardwaj’s petition.

The court, which includes Judge Subramonium Prasad, affirmed that the law provides a “robust mechanism” for the airline industry and registered the position of the Directorate-General for Civil Aviation (DGCA) that it had already initiated complaints and issued justification notices. to the facts alleged in this case.

In the recent past, according to the petitioner, there have been cases where a SpiceJet plane has ‘landed’, its plane has taken off without any passenger luggage and employees have not been paid.


The petitioner claimed that there had been “regular breaches” on the service and cases had even been registered against SpiceJet’s promoter.

The court said that “the DGCA is working hard” and that there was no reason to grant the relief requested by the petitioner.

“The court cannot prevent a particular airline from operating in the country based on allegations in a PIL and press clippings,” he said.

The Court found that the Aircraft Act determines the general flight and safety conditions and airworthiness of an aircraft and that the DGCA is the competent authority to investigate the incidents alleged by the petitioner.


When the petitioner’s attorney asked the court to grant the interim measure suspending SpiceJet’s operations, the court commented, “So we also started operating the airline?” That is not our domain.

There is an expert body, the DGCA … The relief can only be claimed within the framework of the legal framework,” said the court. The Court also noted the DGCA’s position that it acts promptly when an incident of the type alleged by the petitioner is reported.

DGCA will also take action in this case, he added.

At the hearing, the court also noted that the proportion of traffic accidents is statistically higher than in aviation and that each aircraft is checked before take-off.


In the petition, the petitioner called on the authorities to set up a special commission of aviation experts to investigate the concerns raised and to halt SpiceJet operations in the meantime.

The petition states that the right to life includes the right to a safe environment for airline passengers.

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