The Delhi High Court has disposed of a plea by stand-up comedian Kunal Kamra?challenging his travel ban imposed by IndiGo airlines for a period of 6 months after he heckled TV anchor Arnab Goswami on a flight.
Justice Navin Chawla directed the Directorate General of Civil Aviation to consider the Kamra¡¯s plea as a representation made before it challenging the ban, and the same should be dealt with within a period of 8 weeks.
In his plea, Kamra had alleged that the six-month ban imposed on him by IndiGo was illegal as the airline took the action even before it even received a complaint as per the rules.
¡°The pilot in command even hasn¡¯t filed any complaint against Kamra,¡± he said.
The internal committee set up by IndiGo to look into the matter after the airline had already announced the suspension told the court that it has approved a flying ban on Kamra for three months, instead of the six months imposed initially.
Kamra in his plea has alleged that the ban is a violation of his fundamental right under Article 21 of the Constitution, which guarantees ¡®protection of life¡¯ and ¡®personal liberty¡¯ to every individual.
The court gave Kamra liberty to challenge the committee's decision and the indefinite ban imposed by the other airlines - Air India, SpiceJet, and GoAir which took the action based on a tweet by Aviation Minister Hardeep Singh Puri.
Kamara had sought directions to the DGCA to direct the airlines to revoke the ban and also action against them for alleged violation of CAR.
IndiGo had banned Kamra from its flights for six months after the stand-up comedian posted a video where he was seen heckling Goswami who was also on the flight.
However, in doing so, the airline had violated the?Civil Aviation Requirements?which states that the pilot-in-command has to make a complaint to the airline about the passenger which will be further probed by an internal committee set up by the airline. It also specifies that until an internal probe by the airline is completed the passenger can be suspended for a maximum of 30 days.?
Kamara who faces a level 1 charge which carries a maximum ban of three months was banned by IndiGo even before the inquiry is completed.?
Incidentally, the pilot who was in charge of the flight that day has gone on record saying that he did not find the comedian's actions as an offense worth reporting.