Bombay HC accepts DGCA expert panel recommendation, allows passengers to occupy middle seats in flights

Jun 15, 2020

Mumbai (Maharashtra) [India], June 15 : The Bombay High Court on Monday accepted the recommendation made by a high-level expert committee constituted by the DGCA to recommend safety measures and permitted airline operators to allow passengers to occupy middle seats.
A division bench of Surendra P Tavade and SJ Kathawalla also pointed out that airline operators need to strictly follow the guidelines of the Directorate General of Civil Aviation (DGCA) to prevent the spread of coronavirus during flights.
The DGCA, had in an earlier order of June 3, asked airlines to keep middle seats vacant in flights and if booked, the airline operator should provide the passenger in middle seats a wrap-around gown apart from the other protective gear including a three-layered mask and face shield.
"We are of the prima facie view that the safety and health of the passengers on board the aircraft qua COVID-19 virus is adequately taken care of even if the middle seat of the aircraft is not kept vacant on account of passenger load and seat capacity," the bench said in its order.
The High Court dismissed the writ petition filed by Air India pilot Deven Kanani, which had sought the court's intervention to direct Air India and DGCA to formulate guidelines with regard to the middle seat in the airline.
Bombay High Court had last month, in an interim order on Kanani's petition, directed Air India to keep the middle seat vacant while operating the aircraft.
The order of the High Court was challenged in the Supreme Court, which had temporarily allowed Air India to operate non-scheduled foreign flights with middle seat booking, and asked the Bombay High Court to decide on the matter again.