New Delhi [India], March 11 (ANI): A Public Interest Litigation (PIL) has been filed in the Delhi High Court, seeking directions to the Directorate General of Civil Aviation (DGCA) and the Aircraft Accident Investigation Bureau (AAIB) to publish on their websites all decisions on penalties under the Aircraft Act, 1934, and the Bharatiya Vayuyan Adhiniyam, 2024, as well as investigation reports on aviation incidents and accidents under the relevant rules and laws.
The plea is set to be heard on Wednesday by a Division Bench comprising Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela.
A plea by Udai Vikram Singh Rathore, represented by Advocate Abir Phukan, highlights media reports on aircraft incidents, such as turn-backs, mid-flight engine failures, and dangerous goods violations.
It emphasizes the need for proper investigation under Annex 13 of the Convention on International Civil Aviation, followed by adjudication by the Directorate General of Civil Aviation to determine if penalties are warranted.
The plea highlights a lack of transparency in the DGCA’s handling of penalties, as decisions are neither made public nor available on its website. This secrecy undermines passengers’ right to be informed about safety standards and reasons behind penalties or exonerations. It also points to India’s failure to comply with the International Civil Aviation Convention, which mandates an independent accident investigation authority, stated the plea.
It further stated that despite public interest, no independent investigation body with neutral experts has been formed. Section 8 of the Bharatiya Vayuyan Adhiniyam, 2024, continues to place supervisory powers over key aviation bodies, including the Aircraft Accident Investigation Bureau (AAIB), under the Central Government, raising concerns about impartiality.
Additionally, the AAIB lacks transparency, as its website provides no details on the qualifications or expertise of its members, the plea alleged.
Plea submitted that there is a glaring need for an independent committee constituted of experts in the field of civil aviation to inquire and adjudicate instances of serious accidents/incidents as envisaged under the Aircraft Act, 1934 (old Act) and the Bharatiya Vayuyan Adhiniyam, 2024 and the applicable rules. (ANI)
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