Airlines can fill up middle seats but must follow SOP, says Bombay HC

nMUMBAI: The Bombay high court (HC) on Monday allowed all airlines to fill middle seats, provided the guidelines issued by the directorate general of civil aviation (DGCA) on May 31 and all other standard operating procedures (SOPS) issued by civil aviation authorities are adhered to.

The court passed its order in a petition filed by an Air India pilot whocomplainedthatthenational carrier had risked the safety of passengers in Vande Bharat evacuation flights and alleged that the airline had not adhered to a March 23 circular of the DGCA which stipulated that the middle seat should be kept vacant to maintain social distancing among passengers. DGCA had, however, withdrawn the said circular and issued a new circular on May 31 stating that the middle seats could be filled if the passenger was provided with proper personal protective equipment.

On Monday, a bench of justice SJ Kathawalla while hearing the petition was informed by DGCA and ministry of civil aviation that they had issued instructions for both international and domestic airlines to protect passengers from contracting Covid-19 in its May 31 circular. The guidelines stated that the middle seats, which were to be kept vacant as per an earlier circular of March 23, could be filled provided the airlines followed all SOPS and provided PPE to passengers occupying the middle seats.

The airline, Air India, represented by solicitor general Tushar Mehta, advocate Dr Abhinav Chandrachud, advocates Arsh Misra and Kavitra Anchan informed the court that they would ensure that the May 31 circular and SOPS are strictly adhered to.

After hearing the submissions, the bench allowed the filling up of the middle seats. It, however, kept the petition pending to decide on whether a cost was to be imposed on the petitioner pilot.