The Delhi High Court has supported the steps taken by the Directorate General of Civil Aviation (DGCA) against passengers not wearing masks properly, and hoped for further action to ensure the safety of passengers from COVID-19. 

The court was hearing a suo moto case in connection with passengers not wearing masks properly in flights amid surging infections in the country, PTI reported. The court had earlier issued guidelines to all domestic airlines and DGCA for strict compliance, including penal action for offenders and periodical checks of the aircraft.

During the hearing, the aviation body told a bench of Justices Navin Chawla and C Hari Shankar that action is being taken against passengers not complying with safety protocols, including mask-wearing, and they will be de-boarded from the aircraft before departure and treated as unruly passengers. 

The court said it was initially planning to keep the case open to continue monitoring the implementation of directions issued by the court earlier. 

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However, after noticing the proactive action by the DGCA, the court decided to close the case and observed that initiation of punitive action against the violators is a welcome step, the bench said.

Justice Shankar had on March 8 taken suo motu cognisance of the situation after witnessing passengers not wearing masks properly during transportation from airport to the flight and their stubborn reluctance to wear masks properly.

The court said it was constrained to pass the order because of an alarming situation which was witnessed by the judge himself during the Air India flight from Kolkata to New Delhi on March 5.

DGCA, represented through Additional Solicitor General (ASG) Chetan Sharma and advocate Anjana Gosain, informed the court that following its directions, it issued a circular on March 13 relating to strict guidelines to be followed in the airports.

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“On board the aircraft, in case any passenger does not adhere to wearing of mask properly even after repeated warning, he/ she should be de-boarded, if need be, before departure,” the circular stated.

“In case, any passenger on board an aircraft refuses to wear mask or violates the COVID-19 Protocol for passengers’ even after repeated warnings, during the course of the fight, such passenger may be treated as Unruly Passenger’ as defined… Civil Aviation Requirements (CAR)…and the procedure in respect of handling such unruly passenger, as provided in above mentioned CAR, shall be followed by the concerned airlines, it said.

Advocate Gosain also informed the court that in a Jammu to Delhi flight, on March 16, four passengers were declared unruly for not properly wearing masks and were handed over to the security officials.

She said the authorities have also decided to conduct surprise checks.

To this, the bench said, “You have done a wonderful job. We are really impressed”, and asked the ASG to ensure that such steps are also taken in respect of railways and buses.

When the counsel for Air India said they have also issued a circular with necessary guidelines, the bench asked the DGCA to ensure that other airlines also follow the guidelines.