Delhi High Court on Thursday disposed of a plea by stand-up comedian Kunal Kamra’s plea challenging his travel ban imposed by IndiGo airlines for a period of 6 months.
The court said the Directorate General of Civil Aviation should decide upon the representation he made on February 20, within a period of 8 weeks.
Kamra on Tuesday moved the Delhi High Court against IndiGo which had banned him from flying with the airline for six months after he allegedly heckled journalist Arnab Goswami on board a Mumbai-Lucknow flight.
A single bench of Justice Nawin Chawla directed the Directorate General of Civil Aviation to consider the Kamra’s plea as a representation made before it challenging the ban, and the same should be dealt with within a period of 8 weeks.
Senior Counsel Vivek Tankha appearing for Kamra contended that his client has been put under a flying ban by several other airlines without even a formal complaint and due enquiry process. “The pilot in command even hasn’t filed any complaint against Kamra,” he said.
Tankha also submitted that Kamra’s suspension doesn’t comply with the due procedure as prescribed by Aircraft Rules. Tankha then read out Rule 113A and 161 of the Aircraft Rules, which says DGCA is empowered to impose a penalty on airlines in case they violate Civil Aviation Regulations (CAR).
He further submitted that being a regulatory body, it was the DGCA’s responsibility to punish the airlines for not complying with the prescribed regulations. However, interestingly it endorsed the wrongful behaviour of these airlines.
Justice Chawla in the last hearing on Tuesday has said DGCA ought not to have certified the action of airlines other than IndiGo. The others were GoAir, Air India and SpiceJet.
Kamra in his plea has alleged that the ban is a violation of his fundamental right under Article 21 of the Constitution, which guarantees ‘protection of life’ and ‘personal liberty’ to every individual.
The comedian allegedly accosted Goswami on the flight and called him out for his journalism, besides filming the entire episode and posting it on social media.
However, Goswami did not respond to Kamra’s questions and comments, according to the video.
Justice Chawla in the last hearing on Tuesday has said DGCA ought not to have certified the action of airlines other than IndiGo. The others were GoAir, Air India and SpiceJet.
The 31-year-old comedian has also sought an unconditional apology in all media and social media platforms being used by the airline and a compensation of Rs 25,00,000 on account of the mental pain and agony suffered by him as well as losses incurred on account of cancellation of his scheduled shows and programmes in India as well as abroad.