The Delhi High Court asked the Federation of Indian Pilots to clearly show how the DGCA wilfully disobeyed its directions on implementing the new FDTL fatigue rules. The court said contempt cannot be considered without solid proof and gave time to submit earlier orders.
New Delhi: The Delhi High Court on Tuesday asked the Federation of Indian Pilots (FIP) to properly show how the Directorate General of Civil Aviation (DGCA) had knowingly ignored the court’s instructions regarding the implementation of the revised flight duty time limitation (FDTL) rules that were approved earlier this year.
Justice Amit Sharma raised this point after the lawyer for FIP argued that even though the DGCA had given an undertaking in April that it would introduce the new fatigue-management rules in stages from July 1 to November 1, the regulator was still allowing airlines, including Air India and SpiceJet, to work in ways that allegedly went around the new norms.
During the hearing, the judge questioned this claim and reminded the pilots’ body that contempt of court can only be considered when there is clear proof that someone has purposely disobeyed the court.
The judge said,
“I understand if there is an issue of unreasonableness or discrimination, but today you are asking for this court to initiate contempt proceedings. I am again asking, where has there been willful disobedience or non-compliance? There was a direction. The court ultimately says, stick to the timelines.”
He stressed that the court needed concrete evidence before taking any action.
The DGCA’s lawyer responded by informing the court that the aviation regulator has the legal power to grant exemptions when needed, and any recent relaxations given to airlines were only for six months and would be reviewed later.
However, the Federation of Indian Pilots claimed that the DGCA had already started giving relaxations to several airlines, especially Air India.
These included approvals for extra night landings and longer duty hours for two-pilot Boeing 787 Dreamliner flights.
The pilots’ federation argued that such relaxations put commercial needs above pilot safety, especially when pilot fatigue and long working hours are major concerns in the aviation sector.
The court has now given the FIP more time to present earlier court orders that may support its request for contempt proceedings.
The next hearing in this case will take place on December 15. Earlier this year, the DGCA had informed the High Court that the revised FDTL rules were meant to improve fatigue management and increase compulsory rest periods for pilots.
Out of the 22 new requirements listed in the 2024 Civil Aviation Requirements (CAR), 15 were enforced from July 1, while the remaining rules were scheduled for November 1.
These updated rules were first meant to start from June 1, 2024, but airlines requested more time due to operational difficulties, leading to a phased rollout.
The present dispute began after the Indian Commercial Pilots Association, the Indian Pilots Guild, and the FIP approached the court asking that the DGCA should not weaken important safety rules by giving too many exemptions to airlines.
They argued that these rules were created to protect pilots and passengers, and any relaxation could reduce safety standards.
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