The Delhi High Court refused to entertain a public interest litigation (PIL) on Wednesday that sought to compel the Centre and IndiGo airline to compensate affected passengers four times the full ticket price for flights cancelled in November and December. This cancellation stemmed from new Flight Duty Time Limitation (FDTL) norms implemented in the aviation sector.
A Division Bench, consisting of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, noted that the court had previously acknowledged the ongoing issue in another related PIL. The Bench granted the petitioner the opportunity to seek intervention in that matter, emphasizing an established judicial practice of addressing public interest concerns comprehensively.
“We do not see any reason as to why the concerns raised here cannot be taken up in the earlier petition. The jurisprudence developed by the Supreme Court and High Courts around PILs permits the court to expand the scope of a petition in public interest,” stated the Bench.
The court concluded, “We decline to entertain this petition with liberty to the petitioner to seek intervention in the pending petition. The writ petition stands disposed of.”
The petition originated from the Centre for Accountability and Systemic Change (CASC), which is led by Prof Vikram Singh. He highlighted significant public discontent over the impact of the IndiGo cancellations, stating that abrupt disruptions and last-minute flight cancellations greatly inconvenienced numerous passengers.
Advocate Virag Gupta, representing the petitioner, described the scene at airports during the cancellations. He illustrated a scenario of chaos, mentioning misdirected baggage, prolonged delays, insufficient communication from IndiGo, and confusion surrounding refunds and re-booking arrangements.
The PIL called for an independent inquiry, potentially led by a retired judge or Lokpal, to investigate perceived negligence and failures by the Directorate General of Civil Aviation (DGCA) that contributed to this crisis.
On December 10, the Delhi High Court publicly scrutinized the Central Government regarding its inadequate responses to the crisis triggered by IndiGo’s mass cancellations. The court expressed concern over why the situation escalated to a point where countless passengers were left stranded, while other airlines reportedly increased their fares significantly.
This earlier inquiry was part of another PIL that sought government directives to assist and reimburse passengers impacted by the cancellation of hundreds of IndiGo flights.
IndiGo has faced mounting criticism from both government authorities and frustrated passengers since December 2, following a wave of flight cancellations. The airline attributed the disruptions to regulatory changes concerning pilot duty times and rest periods within the updated FDTL framework.
