On a day domestic airlines decided to unitedly "ban" Shiv Sena MP Ravindra Gaikwad from flying on their aircraft for assaulting an Air India officer, the government said there was no law under which such proscription can be made.
Minister of State for Law, PP Chaudhary told a private television news channel that if a person commits a crime he can be punished but he cannot be prevented from flying.
"There is no such law that restricts a person from flying. If somebody has committed a crime, then you can punish him. But refusing a ticket is no punishment when there is no such law. And, to my knowledge, there is no such law," Chaudhary said.
Earlier in the day, Minister of State for Civil Aviation, Jayant Sinha reportedly said the legality of the ban needed to be examined.
"We have to see if this action of the airlines is within the framework of law," Sinha said.
However, airlines defended the move, saying imposing a a ban on a person from flying is very much within their jurisdiction.
Sources in Air India cited Chapter IV of Carriage by Air Act, 1972, which confers on the airlines the right to refuse a ticket to any person.
Sources also cited Rule 22 and 23 of the Aircraft Rules, 1937, to justify the ban on Gaekwad.
The rules state that "no person onboard an aircraft shall assault, intimidate or threaten, whether physically or verbally a crew member/ any person...Which is likely to endanger the safety of the aircraft or of any person."
As per Schedule VI of Aircraft Rules, 1937 such an offence is punishable with imprisonment for a term not exceeding one year or with fine not exceeding Rs 5 lakh.
Meanwhile, Gaikwad boarded Hazrat Nizamuddin-Rajdhani for Mumbai this evening. According to television news channel Times Now, Gaikwad boarded the train from Nizamuddin Railway Station here but disembarked at Mathura station complaining of chest pain.
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