Delhi HC Denies Interim Order To Stay Decision Allowing Sikhs To Carry Kirpans On Domestic Flights
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Delhi, 19 Aug 2022 5:54 AM GMT
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"No stay," stated a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, which seeks the stand on the PIL of the Central Government and DGCA challenging the March 4, 2022 notification.
The Delhi High Court rejected to pass an interim order on Thursday (August 18) that kept the judgment process allowing Sikhs to keep or carry kirpans with a blade length of up to six inches during their domestic flight travels.
"No stay," stated a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, which seeks the stand on public interest litigation (PIL) of the Central Government and the Directorate General of Civil Aviation (DGCA) challenging the March 4, 2022 notification regarding this, reported The Hindu.
Delhi HC's Stand On Kirpans
The bench had urged the respondents to file their reply to the petition, which looks for the constitution of a committee to examine "workable solutions" to make sure that a kirpan allowed to be carried on flights is "appropriately designed and crafted", which doesn't have a blade length beyond 4 cm.
The official petition by lawyer Harsh Vibhore Singhal stated that allowing kirpans on flights, in terms of the presently permissible dimensions, has "dangerous ramifications for aviation safety" and "if kirpans are deemed safe only because of religion, one wonders how knitting or crochet needles, coconuts, screwdrivers, and small pen knives, etc. are deemed hazardous and prohibited".
What's The Petition?
The petition challenged the permission accorded to Sikhs to keep kirpans on them, a blade length of up to six inches while travelling on civilian aircraft in the country and stated that regardless of a contrary perception, a kirpan is a sharp blade used in hundreds of homicides. Thus, kirpans might trigger havoc in the skies bringing aviation safety to a nullity.
Furthermore, the petition also contended that the permission is wrong in law, mauls civil aviation safety rules and international conventions, and has been promulgated without application of mind despite "historical lessons in aviation hijackings".
The petition claimed that all conflicting interests need to be balanced and religious freedom under the Constitution's Article 25. It must cede to laws and regulations to preserve public safety and property security.