The court ruled that the government's policy permitting Sikh passengers to carry Kirpan does not violate constitutional rights, emphasizing limited judicial review in policy matters unless fundamental rights are infringed.

JUDGMENT

Satish Chandra Sharma, C.J. The Petitioner, by way of the instant Public Interest Litigation (PIL), seeks to quash the Impugned Notification Ref. F.No.CAS-7(1)/2008/Div-I (Restricted Articles) 96898 dated 04 March 2022 in the Avsec order 02/2022 ("Impugned Notification") and the Corrigendum to the said Impugned Notification Ref. F.No.CAS-7(1)/2008/Div-I (Restricted Articles) 96898 dated 12 March 2022 in the Avsec order 02/2022 issued by the Respondents stating that the Impugned Notifications are unconstitutional and violate Article 14, 15 and 21 of the Constitution of India besides posing pernicious and palpable security risks to civil aviation safety in India.

2. The Petitioner has further prayed for constitution of an Empowered Working Committee ("EWC") to examine a pragmatic and workable solution to ensure that the sanctity of religious expression of the carriage of Kirpans on person in public places is suitably protected by carriage of an appropriately designed and crafted Kirpans which should not exceed beyond 4 cm blade length and similar hilt to disable a firm hand grip without any sharp edges or pointed tips or made of materials as ornately crafted wood, wrought iron or plastic specifications that cannot be misused while being carried on person in any civilian flight without hurting the sentiments or religious beliefs of the Sikh Community, and the Empowered Working Committee may be constituted with a retired justice of a High Court as Chairman with the Petitioner as a member and one or two nominee members of each of the Respondents.

3. The Petitioner, who is an Advocate by profession, states that he is committed to working for public safety, health and environment. He states that the Ministry of Civil Aviation, Bureau of Civil Aviation Security, Government of India has released the aforesaid Impugned Notification dated 04.03.2022 in exercise of powers conferred by sub-Section IA of Section 5A of the Aircraft Act, 1934 (XXII of 1934), read with Rule 3 (b) of the Aircraft (Security) Rules, 2011, for the purpose of the safety of passengers, crew, aircraft, ground personnel and the general public in all matters related to safeguarding against acts of unlawful interference.

4. Various directions have been laid down in the aforesaid Impugned Notification regarding the safety of passengers, crew, aircraft, ground personnel and the general public. The Impugned Notification lists certain prohibited items that cannot be carried in the aircraft as well as directions and procedures that have to be followed by the passengers. The Impugned Notification also gives certain exceptions under the extant regulations i.e., carriage of wooden staff by religious heads as part of faith in hand baggage which shall be dealt in case to case basis by security staff, especially, when the known head of a religious sect is involved and no security implication or threat is apprehended. The said Impugned Notification dated 04.03.2022 granted exemption to a Sikh passenger for carrying Kirpan which reads as under:

"ii. Kirpan:

a. Kirpan may be carried only by a Sikh passenger, on his person, provided the length of its blade does not exceed 15.24 cms (6 inches); and the total length of a Kirpan does not exceed 22.86 cms (9 inches). It is allowed while travelling by air on Indian aircrafts within India (domestic routes of fully domestic flights operating from Domestic Terminals only.

b. This exception shall be for Sikh passengers only as stated above. And, no stakeholder or its employee at airport (including Sikh) and working in any terminal domestic or international shall be allowed to carry Kirpan on person."

5. Thereafter, a corrigendum dated 12.03.2022 to the aforesaid Impugned Notification dated 04.03.2022 was also issued which reads as under:

"Corrigendum to Avsec Order No.02/2022

Subject: Handling of Restricted Articles.

In exercise of the power conferred by Sub-section IA of Section 5(A) of the Aircraft Act 1934, read with Rule 3