SC urged to dismiss contempt plea over 'flouting' CAR

The DGCA has urged the Supreme Court to dismiss a contempt petition filed against its top brass for “selectively implementing” the civil aviation regulations (CAR) with regard to flight duty time limitation (FDTL), in disregard of safety of millions of passengers.

“The CAR was issued on 11.08.2011. For domestic and neighbouring countries operation, new CAR has been implemented with effect from 24.03.2012. For international operations, it has been implemented with effect from 18.03.2013,” said an affidavit filed by the DGCA.

The contempt petition filed by the Society for Welfare of Indian Pilots (SWIP) has contended that even though the apex court passed an order on May 3, 2011, directing the DGCA to bring new CAR in FDTL for pilots to minimise flight fatigue, the regulator has been “very casual.”

The petition contended that the DGCA have “selectively implemented CAR with regard to FDTL which is not being implemented on 58 international routes on the pretext of having referred the matter to Government of India. The DGCA’s approach to FDTL so far has been that of cutting the foot to fit the shoe at the cost of passenger safety.”

Denying the charges, the aviation regulator, in an affidavit filed through Additional Solicitor General Mohan Jain, submitted that the court’s direction has been complied with “in letter and spirit and there is no disobedience much less willful disobedience.”

“Since the implementation of FDTL CAR involved study of various aspects including flight crew fatigue and rest period, the CAR has been implemented progressively to cover the entire operation in the country.

During this period, the remaining five per cent of intimational operations were covered under the provisions of AIC 2811992,” it said.
The court is likely to take up the reply for consideration on July 5.