HC asks Centre to furnish data on Vande Bharat passengers who tested positive after disembarking

The Bombay high court (HC) directed the Centre on Tuesday to provide data on international evacuee passengers who were Covid-negative when they boarded the Vande

The Bombay high court (HC) directed the Centre on Tuesday to provide data on international evacuee passengers who were Covid-negative when they boarded the Vande Bharat special flights but tested positive after de-boarding in India.

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The query was raised while hearing a petition by an Air India pilot who complained that the airline had violated social distancing norms while bringing back those stranded abroad on the special flights. The court also 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 S J Kathawalla and S P Tavade, while hearing a petition filed by pilot Deven Kanani on Tuesday through video conferencing, was informed by senior advocate Tushar Mehta appearing for the Directorate General of Civil Aviation (DGCA) and Air India that the special flights followed all safety norms to prevent the spread of the novel coronavirus.

Mehta submitted that Air India, DGCA and the ministry of civil aviation had taken all necessary precautions for passengers who were seated in the middle seat. He said that apart from the three-layered face masks provided to all passengers, the middle seat passengers were provided with Personal Protective Equipment (PPE) like a face shield for the entire duration of the flights.

Mehta added that an expert committee constituted to review social distancing norms on special flights had also expressed its satisfaction on the measures adopted, and hence the petitioner’s apprehensions were unfounded and the petition must be dismissed.

In an earlier hearing, advocate Dr Abhinav Chandrachud, who along with advocates Arsh Misra and Kavita Anchan represented Air India, had submitted that the DGCA circular on social distancing norms was not applicable for unscheduled commercial flights and hence the petition was invalid.

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

After hearing the submissions, HC sought to know from the Centre whether there was any data on evacuated passengers who were Covid-negative when they boarded the flight but were tested positive after disembarking. The court said that such data, if any, should be placed before it in the next hearing on Thursday morning. The HC also directed all parties to submit their written arguments by Wednesday evening.