Plea Challenging Permission Given To Sikhs To Carry Kirpan In Domestic Flights : Supreme Court Asks Petitioner To Approach High Court

The Supreme Court on Friday refused to entertain a writ petition challenging the permission granted to members of Sikh community to carry "kirpan" in domestic flights. The bench asked the petitioner to move the jurisdictional High Court.

The petition was filed by an organization named Hindu Sena which challenged the exemption given to Sikh community by the Bureau of Civil Aviation Security as discriminatory.

"You go to the High Court. Dismissed, with liberty to approach the High Court", the bench comprising Justices S Abdul Nazeer and JK Maheshwari told the petitioner.

The petitioner challenged the order issued by Bureau of Civil Aviation Security on March 4, 2022 which stated that "kirpan" may be carried by a Sikh passenger on his person in domestic flights provided the length of its blade does not exceed 15.24 cms (6 inches) and the total length does not exceed 22.86 cms (9 inches). It is allowed while travelling by air on Indian aircraft within India (domestic routes of only domestic flights).

The petitioner argued that the exemption violated right to equality and was discriminatory.  The petitioner further argued that the fundamental right to freedom of religion under Article 25 can be limited by the safety concerns of co-passengers in a flight.

Case Title : Hindu Sena (Regt.) versus Union of India and others | WP(c) 379/2022

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