Coronavirus Lockdown: Middle Seats Must Be Kept Empty On Flights For Stranded Indians: Supreme Court

New Delhi:

Special international flights to repatriate Indians must have middle seats vacant, the Supreme Court said today, commenting that it was “common sense” that social distancing is important as a precaution against coronavirus. Air India can operate flights with middle seats occupied only for the next 10 days, the court said.

The Supreme Court’s remarks, though only on international flights, also raise questions about domestic operations that restarted today with all seats occupied.

“It is common sense that maintaining social distancing is important. Outside, there should be a social distancing of at least six feet, what about inside aircrafts,” Chief Justice SA Bobde told Air India, which has been operating the “Vande Bharat” flights to bring back Indians stranded abroad due to virus shutdowns.

On behalf of the national carrier and the government, Solicitor General Tushar Mehta had said the best practice is testing and quarantine, “not seat difference”.

Mr Mehta said the decision not to have vacant middle seats was taken following a meeting held with experts.

“How can you say it will not affect passengers? Will the virus know it’s in the aircraft and it’s not supposed to infect? The transmission will be there if you are sitting next to each other,” the Chief Justice said.

When told by the government that bookings were done till June 16, the court said: “For the next dates – exhaust all bookings and fly in centre seats. After that, don’t fly anyone in centre seats.”

The court also said the government could change its rules while the case was on, giving decision-makers a way of reworking their guidelines on flights.

Last week, Civil Aviation Minister Hardeep Singh Puri had ruled out keeping middle seats vacant for domestic flights that resumed today, pointing out that air fares would shoot up.

An Air India pilot, Deven Yogesh Kanani, had approached the Bombay High Court saying a circular by the Directorate General of Civil Aviation on March 23 for keeping the middle seat vacant was not being followed by Air India for its special flights since May 7 to bring back Indians.

Air India had told the High Court that DGCA order has been superseded. The High Court passed an interim order against selling centre seats on flights.

Air India and the government then requested an urgent sitting of the Supreme Court, which heard the case today, on Eid holiday. The Supreme Court has urged the High Court to decide on the case on June 2.