As most domestic carriers put comedian on no-fly list for on-air heckling of right-wing amplifier, aviation experts and lawyers say all rules have been flouted
Kunal Kamra
The four airlines that banned stand-up comedian Kunal Kamra for alleged 'unruly behaviour' during a Mumbai-Lucknow flight invited severe brickbats on Wednesday. While DGCA chief Arun Kumar told mid-day the airlines were right, experts said Kamra has a good chance of winning if he were to sue.
On Wednesday, IndiGo, GoAir, SpiceJet and Air India banned Kamra from flying for six months, while Vistara said, "Vistara stands firm with its zero-tolerance policy against any behaviour or act that compromises the safety, security and dignity of its customers and staff. We will review and follow due process in such cases."
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DGCA chief Kumar told mid-day, "The ban is in complete consonance with Civil Aviation Requirements's (CAR) Section 3, Series M, Part VI that deals with handling unruly passengers."
"Now the matter is to be referred to the internal committee as prescribed in para 6.1 of the CAR. The committee has to give its decision in 30 days, which will be binding on the airlines. Punishment for different types of unruly behaviour is also prescribed in the same CAR and the internal committee has to adhere to the same," Kumar added.
Countering Kumar's claims, civil aviation expert Captain Mohan Ranganathan said that the ban is in violation of DGCA rules. "First of all, Kamra was not unruly and the DGCA is trying to hide (its action) behind Civil Aviation Rules (for unruly passenger). The ban is not in line with a 2017 circular regarding the No Fliers list. It is a wrong interpretation and has been deliberately done because they want to support Goswami," said Ranganathan.
"The rule is very clear, first they have to form a committee and then conduct an enquiry. Kamra did not misbehave, nor was he a danger to the flight. He was only talking to Goswami. He was not unruly like those MPs and ministers in flights. They are misusing their power," Ranganathan said.
More support
Supporting Kamra, lawyer Rizwan Merchant, said, "He has full right to challenge the ban because this is a breach of his fundamental right. Banning a passenger is an extreme step which I feel amounts to the breach of his fundamental right to travel and freedom of life and liberty. Misconduct in civil aviation needs to be defined. Kamra did not get physical with him, he was only verbal. If he approaches the court, he has a very fair chance of succeeding the case."
"It is a matter of great shame that the ministry and airlines have interfered between two journalists. They may have two different beliefs and understandings, but that does not mean the aviation ministry, without conducting any enquiry and finding the truth, will ban a particular person from travelling. It is his fundamental right to travel. This matter will definitely be challenged by Kamra in court. He is not going to keep quiet. All the bans against him should be withdrawn before any court steps in and corrects it," Merchant added.
The ban came after Kamra posted a video of him giving a monologue directed towards Goswami for his journalism and politics. After tweeting the video, Kamra said in another tweet that while in the IndiGo flight 6E 5317, he complied with all directions of the cabin crew and got up to go speak to Goswami only when the seatbelt signs were off.
In the video, Kamra is heard saying Goswami called him mentally unstable, avoided talking to him. "Are you a coward or are you a journalist? Nationalist? Who are you Arnab? Tell me Arnab, I am waiting for your answer," Kamra is heard saying in the video. As Goswami is seen watching something on a laptop with his earphones on, Kamra is further heard saying, "I wanted to have a conversation with you politely but you do not deserve my politeness. This is not for you, this is for Rohith Vemula's mother who's caste you were discussing on your f****** show."
After the ban, Kamra said in a tweet on Wednesday, "To my limited knowledge no formal complaint has been made by the crew or Arnab or anyone else taking the flight. Whenever there was an intervention by any member of the crew I complied. If expressing myself to an important public figure, who himself points a camera day in and day out, catching people off guard is a crime, then both of us are criminals."
Senior lawyer Sujay Kantawala defended the airlines, saying, "Kamra may have his personal grievances but he had no business going on a tirade and invading the private space of another traveller. The clear intent to thereafter put it on social media to humiliate Arnab who remained silent is visible. The whole world knows who Kamra is now. The flying ban is clearly justified in this case."
Aviation expert says
Another aviation expert, Jitendra Bhargawa, said, "There are two aspects — can a passenger disturb another passenger on a flight? Definitely no, because somebody is travelling on a paid ticket. People have questioned bans by other airlines. A parliamentarian was banned by all airlines for misbehaving with an airline staff. Hence, there is nothing exceptional here either."
"Other carriers are correct in saying 'banned till further notice' as they are waiting for the process to determine the severity of the crime and the corresponding punishment," Bhargawa added.
During a phone conversation, Kamra refused to comment on the incident. He did, however, say that in between the airlines and the DGCA, he was still not sure if he should be heading to the airport for an outbound flight tomorrow. In his trademark style, he also said, "For want of a better joke, I'd like to say I am on flight mode".
Inputs by Prachi Sibal
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