The Delhi High Court on Wednesday, while hearing a matter about the recent disruption to IndiGo’s operations, asked the Union government whether it was helpless in taking action against airlines, Live Law reported.

The bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela was hearing a public interest litigation seeking an independent judicial investigation into the crisis.

When Additional Solicitor General Chetan Sharma, representing the Union government, told the bench that a committee had been formed to review the crisis, Upadhyaya asked what provisions were available to the government in case the airline failed to comply with norms.

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“Are you helpless?” Live Law quoted the chief justice as asking. “What action could you take against them for failure to adhere?”

Air travel has been severely hit since December 2, when a shortage of pilots and crew forced IndiGo to cancel and delay hundreds of flights. The disruption also led to fares on several routes rising to unprecedented levels.

IndiGo used to operate about 2,300 flights daily and holds about 60% of India’s domestic civil aviation market, making it the country’s largest airline.

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On Wednesday, the court observed that the government had “allowed the situation to precipitate” before taking action, Bar and Bench reported.

The bench also highlighted the fact that passengers affected by the disruption, including those who were left stranded at airports, must be compensated. It told the Ministry of Civil Aviation and the Directorate General of Civil Aviation to ensure the airline complies with the direction, Live Law reported.

The court also expressed concern about the increase in air fares amid the crisis. It asked: “How can other airlines be permitted to take advantage?” Live Law reported.

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In response, the additional solicitor general told the court that statutory mechanisms are in place and that fares have been capped.

On Saturday, the civil aviation ministry imposed distance-based airfare caps.

However, the court questioned how the crisis was allowed to escalate and said the matter also “affects economy of country as in the present days, fast movement of passengers is an important aspect to keep economy functioning”, The Hindu reported.

The matter will be heard next on January 22.

The disruptions in air travel had come amid the rollout of stricter work hour norms introduced in November. The revised rostering norms, issued by the Directorate General of Civil Aviation in January 2024 after concerns about pilot fatigue, were meant to take effect on June 1.

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However, airlines asked for delayed implementation because of staffing shortages and operational challenges, and the key changes were eventually introduced on November 1.

The new rules required longer weekly rest, restricted night landings, extended the definition of night hours and limited consecutive night duties.

On Tuesday, the Union government ordered IndiGo to cut its scheduled flights by 10% to stabilise the airline’s operations.

Regulator summons IndiGo CEO

Meanwhile, the Directorate General of Civil Aviation asked IndiGo Chief Executive Officer Pieter Elbers to appear before it on Thursday, PTI reported.

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The notice directs Elbers and other senior airline executives to present “comprehensive data and updates” regarding recent operational disruptions.

This includes details about restoring operations, plans for recruiting new pilots and crew, processing cancellations and refunds, PTI quoted the aviation regulator as saying.

The airline’s leadership has also been directed to account for baggage returns, communicating with passengers and provisions for rerouting passengers.

The directive was issued alongside an order to officials of the regulator to carry out a formal on-site inspection at 11 airports, PTI reported. These are Nagpur, Jaipur, Bhopal, Surat, Tirupati, Vijayawada, Shirdi, Cochin, Lucknow, Amritsar and Dehradun, the Hindustan Times reported.

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Officials have been told to examine safety and operational readiness, congestion inside airport terminals, management of queues, adequacy of staffing, manning of help desks, communication of delays and cancellations, and basic amenities such as drinking water.

They have also been directed to interact “with passengers to obtain direct feedback”, PTI quoted the notice as saying.


Also read: Indian railways is running trains for passengers hit by IndiGo crisis. But they are going empty