Delhi HC dismisses PIL against permission to Sikhs to carry 'kirpans' on flights

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad dismissed the PIL keeping mind Explanation – I to Article 25 of the Constitution which specifically clarifies that wearing and carrying of kirpan shall be deemed to be included in the profession of the Sikh religion.

Article 25 of the Constitution gives every person the right to freedom of conscience and the right to freely profess, practise, and propagate religion subject to public order, morality, and health.

"A reading of the counter affidavit filed by Director General, Bureau of Civil Aviation Security, Government of India / respondent no.5 shows that adequate precautionary and security measures are being taken by the Government to ensure safety of passengers, crew, aircraft, ground personnel and the general public. This Court is, therefore, not inclined to entertain the instant PIL. The PIL is, accordingly, dismissed," the bench said.

The court’s verdict came while deciding the plea by Harsh Vibhore Singhal, who had said a committee of stakeholders should be constituted to “apply its mind” to the issue of permitting kripan on flights.

The petitioner, a lawyer, challenged a March 4, 2022 notification by the Centre which said Sikh passengers shall have exceptional regulatory sanction to carry kirpans having blade length of not more than six inches and total length of not more than nine inches whilst on board any civilian flight in India that is operating on all domestic routes.

The high court, in its judgment, said it is well settled that the courts, while exercising jurisdiction under Article 226 of the Constitution, do not sit as an appellate authority over the policy decisions.

It is also well settled that the scope of interference in the matter of policy decisions is extremely limited and that courts must refrain from interfering into policy decisions unless there is a categorical infringement of fundamental rights, the bench said.

"The Apex Court has repeatedly warned that courts must resist the temptation to usurp the power of the executive by entering into arenas which are exclusively within the domain of the executive and that courts, while exercising jurisdiction under Article 226 of the Constitution, should not interfere in matters of policy or in the day-to-day functioning of any departments of government or statutory bodies," it said.

The government, in its counter affidavit, said it received several representations in relation to permission given to Sikhs to carry kirpan.

It was stated that after considering several aspects, the government acceded to the request and Director General of Bureau of Civil Aviation Security, after a lot of deliberations, laid down the norms for safety and security of the co-passengers.

The petitioner contended he was “not questioning” the right to profess and practise a religion under Article 25 of the Constitution but only wanted the constitution of a committee of stakeholders to examine the issue.

"I admit that Article 25 allows the carriage of a kirpan. But when you are flying, the regulator must apply its mind. I want 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," he had said.

The petitioner also said as per the counter affidavit by the Bureau of Civil Aviation Security, it has not formulated the policy but was following what the government has said.

He also clarified his intention was not to give a political overtone to the matter.

The counsel for the authorities had said that safety measures have been put in place by the authorities, including that of stationing marshals on aircraft.

On August 18, the court had refused to pass an interim order staying the operation of the decision allowing Sikhs to carry kirpan while travelling on domestic flights.

The petition said permitting kirpan 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/crochet needles, coconuts, screwdrivers, and small pen knives, etc. are deemed hazardous and prohibited".