Delhi HC reserves order on plea opposing permission to Sikhs to carry kirpans on flights

New Delhi, Dec 15

The Delhi High Court on Thursday reserved its order on a plea opposing the permission given to Sikhs to carry kirpans while travelling on civilian flights in India.

The plea, filed in a form of public interest litigation (PIL) by lawyer Harsh Vibhore Singhal, challenges the Centre's notification issued on March 4 allowing Sikh passengers to carry kirpans having blade length of no more than six inches and total length of no more than nine inches while travelling anywhere in India.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said: "Arguments heard. Order reserved. We will pass an appropriate order."

"How can we interfere with such a policy decision? We can't interfere. It is a policy decision of the government of India," it said.

The petitioner claimed that a committee of stakeholders should be constituted to apply its mind to the issue.

At this, the court said: "Your mind might not be the government's mind. Therefore when the government has applied its mind and has come with a policy, we ought not to interfere unless it is so arbitrary."

The court also refused to entertain submissions by certain parties as their applications were not on record.

The plaintiff said that he is not questioning the rights of Sikhs but only wants the stakeholders to examine the issue.

He said: "I admit that Article 25 allows the carriage of a kirpan. But when you are flying, the regulator must apply its mind. I want a constitution of a committee of stakeholders to examine the issue. If the committee feels that the notification is good, so be it. Not a problem."

Defending his argument, he added that the Bureau of Civil Aviation Security has not formulated the policy but was only following what the government has said.

"Safety measures, including stationing of marshals, have been put in place by the authorities," advocate Anjana Gosain said, representing the respondents.

On August 18, the court had refused to pass an interim order staying the operation of the decision allowing Sikhs to carry kirpans having a blade length of up to six inches on flights.