Delhi HC Asks Kunal Kamra To Move Appropriate Authority With Challenge Against 'Travel Ban'.

The Delhi High Court on Friday refused to entertain the petition filed comedian Kunal Kamra challenging the travel ban imposed on him by Indigo Airlines, Air India and Vistara.

The Court told him to approach the 'appropriate authority' with his grievance. Accordingly, Kamra withdrew the petition, with liberty to avail alternate remedies.

In an order dated 27/02/2020, the Internal Committee of Indigo had put Kunal Kumar in a 'No Flying List' for 3 months and consequently banned him from traveling with Indigo Airlines for 3 months.

Pursuant to the order of the Internal Committee, on 13.03.2020, Vistara also banned Mr. Kamra up till 27.04.2020. Therefore, being unable to fly on any major airlines, Mr. Kamra was constrained to approach the Delhi High Court in a Petition filed by Mr. Prashant Sivarajan, Advocate and Partner, Lawmen & White

Today, Mr. Prashanto Sen, Senior Advocate appeared for Mr. Kamra along with Adv. Ujjawal Anand Sharma and Adv. Prashant Sivarajan. He strenuously asserted that there was a difference between an unruly passenger and an unruly behavior. It was specifically pointed out that in cases of unruly behavior there is a requirement in terms of Clauses 4.7 and 4.9 of the DGCA Civil Aviation Requirements to give verbal and written warning followed by a red card notice, which was not done in the instant case.

The Petition was opposed by the Counsels appearing on behalf of IndiGo, Vistara and DGCA. They pointed out that there existed an appellate mechanism under the DGCA Civil Aviation Requirements, which had not yet been invoked. The Court was also of the view that such kind of behavior could not be permitted.

Mr. Sen submitted that the mere existence of an alternative remedy would not denude the High Court of its power to entertain the petition as the same was for enforcement of Fundamental Rights is and placed reliance upon the decision of the Supreme Court in the case of Whirlpool Corporation.

Mr. Sen also submitted that the present matter was filed only post the Vistara ban, as Mr. Kamra had completely been banned from flying in the country. As an interim measure, and to balance the equities in the present case, he appealed to the Court to allow Mr. Kamra to travel on any one airline as an interim measure saying that unforeseen medical or exigent circumstances may arise in the near future.Earlier, in an order dated February 27, the Delhi High Court had directed Director General of Civil Aviation to consider the complaints moved by Kunal Kamra as a representation and deal with the same within 8 weeks.

Considering the same, the Court permitted Mr. Kamra to withdraw the petition in order to avail the appellate mechanism with liberty to make the same interim prayer therein.