MANGALORE: The Supreme Court has directed to issue notices to the Airport Authority of India, Directorate General of Civil Aviation, Ministry of civil aviation and Air India based on a writ petition filed by 812 Foundation president YeshwanthShenoy on behalf of a family of the victim of the Mangalore air crash.
Shenoy’s petition seeks a claim of Rs 5 crore for the violation of fundamental right to life in addition to the claims for damages. The petition also seeks establishment of an adhoc court (special court exclusively to look into compensation matters related to the air crash) to swiftly look into the claims of each of the victims families. Shenoy told TOI that he will add up some more victims’ families who have approached the 812 Foundation.
The appeal filed by Abdul Salam against the Kerala high court Judgment is already pending in the apex court. Shenoy said, “There is a chance that both the petition and the appeal will be heard by the same bench. However, these two proceedings are fundamentally different. The petition filed by me seeks compensation for violation of the fundamental right guaranteed by the Constitution, while the appeal will only look into the question of interpretation of the Montreal Convention,” he added.
Shenoy observed the Writ Petition has a wide scope as it specifically points out the negligence of the State Agencies especially when they were aware of the dangerous nature of the Mangalore Airport and the order of the Karnataka High Court and Supreme Court to ensure compliance with International standards in constructing the airport.
Shenoy has also sought to nullify the contract the members of the victims’ families were forced to sign to receive the compensation and has also brought to the attention of the court an order of the Peshawar High Court nullifying such a contract.
Shenoy has also filed a separate Writ Petition seeking the reinvestigation of the Mangalore Air Crash and also bringing the attention of the Supreme Court to the complete breakdown of the system in managing Air Safety in these government agencies that threaten the lives of the people. This Petition will come up for hearing when the Supreme Court reopens after the vacation.
(Stanley Pinto, TNN)
