[COVID-19] Delhi High Court Suspends The Usage Of Breath Analyzer Test At The Airports To Safeguard The Interest Of The ATCs

Must Read

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition...

Follow us

Breath Analyzer Tests at Airport

The present petition was filed in the High Court of Delhi to seek a temporary suspension of the Breath Analyzer Test (BAT) keeping in view the recent outbreak of COVID-19. The Petition was filed by the representative association of the Air Traffic Controllers (ATCs) contending that the BAT is randomly conducted on 10% of the ATCs and the equipment which is used to conduct the BAT poses a high risk of spread of COVID-19. The Petitioner referred to the recent decision of the Kerala High Court where the order was passed by the court to restrain the use of Breath Analysers for the time being. The petitioner further submitted that there are alternate modes of administering the BAT which should be adopted instead of the use of the current equipment. However, the Respondent contended that the only recognised mode, available for the Directorate General of Civil Aviation (DGCA), for conducting BAT is the present equipment. Moreover, DGCA has decided to only subject 2% of ATCs to the BAT on a random basis to control the risk of spreading COVID-19. The Respondent further submitted that it is open to considering other alternatives which would ensure the safety of the ATCs.

Observations by Delhi High Court

It was observed by the Honourable Court that it is necessary to conduct the BAT to ensure that the ATCs are not under the influence of alcohol when they come to carry out their functions, however, even if there is a remote possibility that the test can lead to the spread of COVID-19 and can expose the ATCs to any danger, it shall be prevented. Moreover, taking into consideration that these BAT equipment are stored in the airports, where the risk of spread of the virus is extremely high, the use of such equipment where the ATCs are required to breathe into/out of the said equipment shall be suspended.

The High Court further observed that the DGCA shall come up with an alternate method on an urgent basis as even though the current equipment for conducting BAT cannot be used in order to protect the ATCs but ensuring the security of the passengers is equally important. The alternate equipment which should be selected by the authorities shall be less invasive and less risky to conduct BAT. The court further observed that after the order passed by Kerala High Court, the authorities should have looked into the matter and come up with a safer alternative, which surely has not been done. The High Court of Delhi looked into the letters of the Airport Authority of India (AAI) dated 18th March 2020 and 20th March 2020 which called upon the DGCA to suspend the usage of the current equipment to conduct BAT.

Interim Directions

  1. The DGMS (Air) shall convene a meeting on the 24th of March or at the earliest possible date with the DGCA, AAI and the Ministry of Civil Aviation, along with any doctors or medical specialists to come up with an alternate method to conduct BAT,
  2. The current equipment to conduct BAT shall remain suspended with immediate effect at all airports,
  3. The Petitioners and all its members shall appreciate the critical nature of their duty and shall not report to the work under the influence of alcohol,
  4. An undertaking and a self-declaration shall be obtained under the signature of each ATC who reports to work,
  5. Any violation of the undertaking and self-declaration by the petitioner or any of its member shall lead to severe consequences, which shall also include the suspension of their license,
  6. DGMS shall come up with a new protocol which shall be followed till the spread of COVID-19 abates,
  7. Until the new protocol is framed, the DGCA can conduct any other way of testing which is not invasive in nature and contains less risk of spreading of the virus, such as urine or blood test for detecting any violation of the undertaking and self-declaration. 2% of the ATCs shall be made to undergo these alternate tests until DGMS come sup with a new protocol. If urine/blood test has opted as a method of testing it shall be done by using disposable syringes and/or sterilised equipment.
  8. To implement the above directions, the AAI shall assist the DGCA by providing all the necessary facilities.

Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition sought a speedy decision in...

[Delhi Riots] When the IT Ministry Calls Us, We Will Go Says Harish Salve To Delhi High Court

The Vice President and Managing Director of Facebook, Ajit Mohan told the Supreme Court that when the representatives of the company are called by the Information Technology Ministry they will come and record their statements.

Allahabad High Court Seeks Response on Compensation of Cutting Trees From National Highways Authority of India (Nhai) 

The Order had come in the form of a Public Interest Litigation (PIL) filed by a bunch of law students in Uttar Pradesh. The...

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector & Tahsildar issued a show-cause notice...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

More Articles Like This

- Advertisement -