SC seeks Centre reply on its notice to aviation min top brass

The Supreme Court on Thursday asked the Centre to explain as to why contempt proceedings should not be initiated against the top brass of the civil aviation ministry for alleged non-compliance of its status quo orders with regard to ground-handling policy (aviation security functions) in the six major airports in the country.

However, a bench headed by justice HL Dattu issued contempt notices to KB Srivastava, secretary in the ministry, BB Dash, joint commissioner of security, Bureau of Civil Aviation Security (BCAS), and MT Baig, assistant commissioner of security after the Federation of Indian Airlines (FIA) alleged violation of its May 5, 2011, orders.

Seeking to restrain the Centre from proceeding with the amendment of AVSEC order on the ground-handling policy/procedures, the airline body said the Centre is proposing to amend the policy that purported to take away the right of its members to undertake ground handling services for their own aircraft. The proposed policy purported to oust the airlines? from self handling the 13 functions and to entrust the handling of the same to the airports or their designated ground handling service providers.

The proposed rules cover mainly the six metros ? Delhi, Mumbai, Bangalore, Hyderabad, Kolkata and Chennai. At present, each airline has its own ground handling staff.

The apex court on May 5, 2011, had directed the parties to maintain the status quo with regard to ground handing functions. Since then the airlines have continued to handle ground handling services, including the 13 functions related to aircraft security mandated by the BCAS, with their own or outsourced employees. The mandated 13 functions include access control to the aircraft, aircraft security search, screening of registered/unaccompanied baggage, cargo, mail and company stores, passenger baggage reconciliation/identification, security of catering items, etc.

Senior counsel Mukul Rohtagi and counsel Buddy Ranganadhan, appearing for the airlines body, argued that despite the status quo orders, BCAS had written to the Federation proposing to amend the ground handling policy including the 13 functions to be carried on by the ground handling agencies.

This was strongly opposed by the airlines on the ground that this would amount to overreaching the orders of the apex court, they argued. However, the BCAS brushed aside the objections raised by the Federation, which received a draft AVSEC (Aviation Security) Order on November 24.

This, according to the airlines, is ?highly contemptuous? as the Centre has decided to take the law into its own hands. ?The proposal to amend the ground handling policy proves the stand of the airlines that the entire ground handling policy of the Union of India on the so-called grounds of security, safety, etc, is nothing but a sham and is only an underhanded route of augmenting the revenue of the airports,? the application stated.

The airlines, like Jet Airways, Kingfisher and Indigo, had earlier challenged the 2007 policy before the Delhi HC that asked the private airlines to do ground handling through government-approved agencies. But their pleas were dismissed.