Kamal Ghorui
The Supreme Court on Thursday questioned the Centre for repeatedly failing to file its affidavit in a plea seeking regulatory guidelines to curb “unpredictable fluctuations” in airfares and ancillary charges imposed by private airlines, PTI reported.A bench of Justices Vikram Nath and Sandeep Mehta asked the Union government to file an application along with an affidavit explaining why no response had been filed despite repeated opportunities and why more time was being sought.“What is this? What prevents you from filing an affidavit,” the bench asked after the Centre’s counsel referred to the evolving situation in the Middle East.The case relates to a petition seeking a stronger and independent regulator to ensure transparency, passenger protection and oversight in the civil aviation sector.When the matter was taken up, counsel for petitioner and social activist S Laxminarayanan told the court that the Centre had still not filed any reply.The government’s lawyer said authorities were contemplating framing rules.“You file an affidavit and place everything on record. Why can’t you file an affidavit? What is this stand of the Union? Three times we have granted you time,” the bench said.The Centre then sought three weeks’ more time.The bench declined the request and directed that the affidavit be filed next week.“You file your affidavit and say whatever you want to say. Your affidavit must come by next Friday (May 8),” the court said.In its order, the bench noted that notice had been issued on November 17 last year and adequate time had been granted thereafter, but no affidavit had been filed till date.“We are not willing to accept the request. Let an appropriate application along with an affidavit giving reasons for why affidavit has not been filed and why further time is being sought, be filed within a week. List again on May 11,” the bench said.Earlier, on February 23, the Centre had told the apex court that the Ministry of Civil Aviation was actively considering the issues raised in the plea.During an earlier hearing on January 19, the top court said it would examine the issue of “unpredictable fluctuations” in airfare and flagged steep rises during festivals.The court had then termed exorbitant airfare increases by airlines as “exploitation” and asked the Centre and the Directorate General of Civil Aviation (DGCA) to respond.In November last year, notices were issued to the Centre, DGCA and the Airports Economic Regulatory Authority of India.The plea alleged that private airlines had, without credible justification, reduced free check-in baggage allowance for economy passengers from 25 kg to 15 kg, turning an earlier ticketed service into an additional revenue source.It also challenged the policy of allowing only one check-in baggage piece and claimed passengers who do not use baggage receive no rebate or benefit.According to the petition, no authority currently has powers to review or cap airfares or ancillary fees, enabling airlines to impose hidden charges and unpredictable pricing.It further said the “unregulated, opaque and exploitative conduct of airlines manifesting in arbitrary fare hikes, unilateral reduction of services, absence of on-ground grievance redressal and unjustified dynamic pricing algorithms directly infringes upon citizens’ fundamental rights to equality, freedom of movement and life with dignity”.The plea said the absence of safeguards leads to arbitrary fare hikes during festivals, emergencies or weather disruptions, hurting poorer and last-minute travellers the most.It also argued that there is no rule preventing airlines from sharply increasing fares based purely on demand, and such freedom in an essential service is unjustifiable.“Arbitrary fare hikes during emergencies deny vulnerable citizens this right, especially when they are compelled to choose air travel out of necessity rather than luxury,” the petition said.
