On Monday, the Apex Court allowed national carrier Air India to operate international flight service with middle seat booking. The Court was hearing a plea filed by the Centre & Air India after High Court of Bombay questioned why the airline wasn't keeping the middle seats vacant in international flights.

CJI SA Bobde said that “Air India shall be allowed to operate non-scheduled foreign flights with middle seats booking for next 10 days".

The High Court of Bombay, while hearing a plea of a pilot, had sought a response from the Air India & the Directorate General of Civil Aviation (DGCA).

The pilot, Deven Kanani, in his plea alleged a circular issued by the Govt of India on March 23, 2020 laid some conditions to prevent the spread of Covid-19 while bringing back Indians stranded abroad due to the pandemic.

However, the condition pertaining to keeping the middle seat between two passengers empty was not being followed by the Air India, he said in the plea.

Kanani submitted photographs of an Air India flight operated between San Francisco & Mumbai where all seats were occupied.

Air India counsel Abhinav Chandrachud opposed the plea & told the high court that the circular of March 23 has been now superseded with a new circular issued by the Government of India on May 22, 2020 while permitting domestic flights to operate from May 25The new circular does not say the middle seat needs to be kept empty, Chandrachud told the court.

On Friday, a division bench of Justice R D Dhanuka & Justices Abhay Ahuja, however, noted that a cursory glance at the circular dated May 22 indicates that it applies only to domestic operations & not to international operations.

The bench directed Air India & DGCA to file affidavits clarifying their stand, & posted the plea for further hearing on June 2. .

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