HC seeks info on Air India passengers who tested positive for Covid-19 after disembarking

The matter came up while the court was hearing a petition from an Air India pilot, who complained the national carrier violated social distancing norms while repatriating Indians stranded abroad on the special flights.

The Bombay high court on Tuesday directed the Centre to provide data on passengers who tested negative for Covid-19 while boarding Vande Bharat Mission flights from foreign countries but tested positive after arriving in India.

An Air India Airbus A320 plane is seen at the Boryspil International Airport upon arrival, amid the coronavirus disease (COVID-19) outbreak outside Kiev, Ukraine May 26, 2020. Picture taken May 26, 2020. REUTERS/Gleb Garanich (REUTERS)

The matter came up while the court was hearing a petition from an Air India pilot, who complained the national carrier violated social distancing norms while repatriating Indians stranded abroad on the special flights.

The court directed all parties to the petition to file their written arguments by Wednesday evening, and posted the matter for hearing on Thursday.

A division bench of justices SJ Kathawalla and SP Tavade, while hearing the petition filed by Air India pilot Deven Kanani through video conference, was informed by senior advocate Tushar Mehta, who appeared for the Directorate General of Civil Aviation (DGCA) and Air India, that special flights under the Vande Bharat Mission had adhered to all safety norms to prevent the spread of Covid-19.

Mehta said Air India, DGCA and the civil aviation ministry had taken all precautions for passengers who were seated in middle seats. He said apart from the three-layered face mask provided to all passengers, those in the middle seats were provided personal protective equipment such as face shields for the entire duration of the flight.

Mehta further said an expert committee, constituted to review social distancing norms on special flights, had expressed its satisfaction at the measures adopted for in-flight passengers, more so those seated in middle seats, and hence the petitioner’s apprehensions were unfounded and the petition should be dismissed.

At an earlier hearing, advocate Abhinav Chandrachud, who along with advocates Arsh Misra and Kavita Anchan had represented Air India, had said the DGCA circular on social distancing norms was not applicable to unscheduled commercial flights and the petition was not valid.

The Central government, through additional solicitor general Anil Singh, informed the court that though it was represented in the petition by DGCA, it wanted the civil aviation ministry to also be impleaded in the petition. The court said it would decide on this issue after hearing the application by the ministry.

After hearing the submissions, the court sought to know from the Central government whether there is any data pertaining to the repatriated passengers who were negative for Covid-19 when they boarded flights but later tested positive after disembarking.

The court said such data should be placed before the judges at the next hearing on Thursday morning.