PIL against permission to Sikhs to carry 'kirpans' on flights dismissed

Delhi HC rejected the plea by Harsh Vibhore Singhal, who had claimed that a committee of stakeholders should be constituted to “apply its mind” to the issue of permitting kripan on flights

The Delhi High Court on December 22 dismissed a Public Interest Litigation (PIL) against the permission accorded to Sikhs to carry ‘kirpans’ while travelling on civilian flights in India.

“Dismissed,” a Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said while pronouncing the order.

The court rejected the plea by Harsh Vibhore Singhal, who had claimed that 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 Bench had earlier orally remarked that it was a policy of the government of India and the court cannot interfere with it unless it is arbitrary.

The petitioner contended that he was “not questioning” the right to profess and practice 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.