Kerala High Court Issues Notice To Actor Vinayakan In Plea Seeking Action For Allegedly Abusing Co-Passenger While Boarding Indigo Flight

The Kerala High Court on Wednesday issued notice to Malayalam film actor Vinayakan in the plea seeking action to be taken by Indigo Airlines against the actor for allegedly abusing a co-passenger while boarding the flight. 

Justice P.V. Kunhikrishnan today allowed the application by the petitioner impleading the Actor as an additional respondent in the matter, and issued him notice before admission. It also directed the Deputy Solicitor General of India to get instructions. 

The petitioner, Jibi James, a Malayali priest and a school manager in Punjab, averred that while he was waiting at Goa Airport on layover during his travel from Chandigarh to Kochi, there was a rush at the boarding bridge, during which time he waited at a side and watched so. He claimed that during this time, Vinayakan abused him alleging that the petitioner was taking his video. 

The petitioner submitted that despite offering to show his phone to prove that he was not taking the actor's video, the latter continued to abuse him, and disregarded the petitioner's efforts to sort the issue. The petitioner claimed that the actor appeared to be drunk and was behaving in an unruly manner.

The petitioner averred that when he complained to the crew inside the flight regarding the humiliation and mental harassment caused to him by the actor, they informed him that they could not do anything about the issue, and asked him to lodge a complaint via mail. The petitioner submitted that despite lodging a complaint before the Deputy Secretary, Ministry of Civil Aviation (2nd respondent) through Airsewa portal under Ministry of Civil Aviation, the same was closed by a reply from the Customer Experience Expert of Indigo Airlines (3rd respondent), that they had limited intervention once the passenger is off the flight.

It was averred that when the petitioner submitted a representation before the 2nd respondent on being aggrieved by the same, no action was taken on the representation, either. 

The petitioner has thus approached the Court seeking a writ of ceritiorari to be issued to quash the reply of the 3rd respondent without taking any proper action on petitioner's complaint and to direct that his representation be considered again within a timeframe to be fixed by the Court.

The plea has been moved through Advocates John Mani V., Varghese Sabu, Sethulakshmi K.K., Shameena K.Y., Manju Elsa Isac, and Jibin P. George. 

Case Title: Jibi James v. Union of India